OFFICIAL
EXHIBITS PETITIONER'S EXHIBIT 2
COMMUNITY UTILITIES OF INDIANA, INC.
INDIANA UTILITY REGULATORY COMMISSION
CAUSE NO. IURC PETITl~R'S EXHIBIT NO. _ Ai: ~-/()-at) ME REPORTER
DIRECT TESTIMONY
SEAN CARBONARO
.. COMMUNITY UTILITIES OF INDIANA, INC.
CAUSE NO.
Direct Testimony of Sean Carbonaro
INTRODUCTION AND QUALIFICATIONS
1 Ql. PLEASE STATE YOUR NAME, OCCUPATION, AND BUSINESS ADDRESS.
2 Al. My name is Sean Carbonaro. I am the Project Manager for Community Utilities oflndiana,
3 Inc. ("CUII" or "Company"). CUII is a wholly owned subsidiary of Utilities, Inc. ("UI").
4 I have been employed by UI since July 2017. My business address is 10996 Four Seasons
5 Place, Suite l00G, Crown Point, Indiana, 46307.
6 Q2. PLEASE DESCRIBE YOUR DUTIES IN YOUR CURRENT POSITION.
7 A2. My role consists of overseeing all water and wastewater projects from start to finish. This
8 role consists of helping identify and prioritize the capital and operational needs of our
9 systems, development, assessment and selection of appropriate alternatives, and managing
10 the design, construction, and implementation of projects once selected.
11 Q3. PLEASE SUMMARIZE YOUR EDUCATIONAL AND PROFESSIONAL
12 BACKGROUND.
13 A3. I earned a Bachelor of Science degree in Environmental Engineering from Rutgers, The
14 State University of New Jersey, and a Master of Science degree in Civil & Environmental
15 Engineering from the University of Illinois - Urbana-Champaign. I worked as a project
16 engineer for several years on water and wastewater projects at two engineering consulting
17 firms. I am a licensed Professional Engineer in Illinois.
Carbonaro - 1 1 Q4. HAVE YOU PREVIOUSLY TESTIFIED BEFORE THIS COMMISSION OR ANY
2 OTHER PUBLIC UTILITY COMMISSION?
3 A4. Yes. I have provided written and oral testimony before the Illinois Commerce Commission
4 on capital projects.
5 QS. WHAT IS THE PURPOSE OF YOUR TESTIMONY?
6 AS. The purpose of my testimony is to provide the Company's approach to the "Twin Lakes -
7 Water Treatment Plant #1 Improvements" ("WTP #1 Project" or "Project"), including the
8 project justification and engineer selection, design, bid, and contractor selection processes.
9 Q6. ARE YOU SPONSORING ANY ATTACHMENTS?
10 A6. Yes, I am sponsoring the following attachments:
11 • Attachment SC-1: Symbiont Technical Memorandum 12 • Attachment SC-2: Engineering Request for Proposals 13 • Attachment SC-3: Engineer Selection Process Memorandum 14 • Attachment SC-4: LAN Technical Memorandum 15 • Attachment SC-5: Concentric SCADA System Assessment 16 • Attachment SC-6: Engineering Plan Sheets 17 • Attachment SC-7: Front-End Documents and Bidding Addendums 18 • Attachment SC-8: LAN Award Recommendation 19 • Attachment SC-9: Sales Tax Credit Letter
20 Q7. WERE THESE ATTACHMENTS PREPARED BY YOU OR UNDER YOUR
21 DIRECTION AND SUPERVISION?
22 A7. Yes.
23
24
25
Carbonaro - 2 1 PROJECT JUSTIFICATION
2 QS. PLEASE DESCRIBE THE TWIN LAKES WATER TREATMENT AND
3 DISTRIBUTION SYSTEM.
4 A8. The Twin Lakes water treatment and distribution system includes two water treatment
5 plants [Water Treatment Plant #1 (WTP #1) and Water Treatment Plant #2 (WTP #2)],
6 seven production wells, one water tower with a capacity of approximately 200,000 gallons,
7 and two ground storage tanks each with a capacity of approximately 500,000 gallons. The
8 distribution system contains approximately 174,240 linear feet (LFS) of water main,
9 ranging from 4" to 12" diameter. Potable water is provided to approximately 3,150
10 connections.
11 The water tower is located near the center of the system.
12 WTP # 1 is located at the southern extent of the water system and is on the same property
13 as the two ground storage tanks. WTP #1 has five production wells, with a total capacity
14 of approximately 898 gallons per minute (gpm) with all wells in service. The treatment
15 capacity of WTP #1 is approximately 650 gpm with both filter units in service. WTP #1 is
16 the primary treatment plant for the system. Treatment at WTP #1 is controlled by the water
17 tower level. Booster pumps then transfer treated water either to the distribution system or
18 to the ground storage tanks. Currently, only one water transmission main is constructed
19 between WTP #1 and the ground storage tanks. Filter backwash is initiated manually by
20 operations staff. Therefore, water can only draw from or fill the ground storage tanks at
21 any time. This results in an inefficient operation.
22 WTP #2 is located on the western extent of the water system. WTP #2 has two production
23 wells, with a total capacity of approximately 130 gpm. Two additional wells are under
24 construction that are anticipated to provide an additional capacity of approximately 300
Carbonaro - 3 1 gpm. The pressure filters have a treatment capacity of 440 gpm. The treated water is
2 pumped directly to the system without booster pumps. The treatment generally operates on
3 timers to produce water during certain hours of the day and is not regulated by the water
4 tower level or other distribution system measurements.
5 Both water treatment plants currently include chemical treatment with sodium
6 hypochlorite, polyphosphate, and fluoride.
7 Q9. PLEASE SUMMARIZE THE JUSTIFICATION FOR THE PROJECT.
8 A9. WTP #1 was constructed in approximately 1968. WTP #1 currently has two filters, referred
9 to as the North Filter and South Filter. The North Filter was replaced in approximately
10 2007. The South Filter was installed in the mid-1980s and rehabilitated in 2016 and 2017.
11 The rehabilitation included new media, strainers, and metal patching of the structure. CUTI
12 and the contractor for the rehabilitation noted significant issues with the metal structure.
13 The Crown Point Water System Filtration Evaluation and Recommendation technical
14 memorandum, prepared by Symbiont Engineers, dated October 3, 2018, provided as
15 Attachment SC-1, was prepared in response to the structural issues with the South Filter
16 and operational issues with WTP #1. Generally, the South Filter is approaching the end of
17 its useful service life, primarily due to poor metal condition that is no longer feasible to
18 repair. Symbiont also noted that the treated water storage/pumping/distribution system
19 configuration at the WTP #1 site is inefficiently arranged. The Motor Control Centers
20 (MCCs) and controls equipment for the facility are outdated. To address these operational
21 issues, the South Filter will be replaced with a similar capacity unit, the plant and yard
22 piping arrangement will be improved, and the MCCs and controls for the facility will be
23 upgraded to modern technology.
REVISED Carbonaro - 4 1 QlO. DID THE COMPANY CONSIDER OTHER ALTERNATIVES TO THIS
2 PROJECT?
3 Al0. Yes. Alternatives were considered for both the iron treatment process and the on-site piping
4 arrangement.
5 The traditional method of iron treatment is oxidation ( either chemical or oxygen) of
6 dissolved iron to an insoluble form followed by a filtration unit. Other treatment
7 alternatives, such as reverse osmosis or ultra-filtration, would have greater capital and
8 operations and maintenance costs and therefore these alternatives were not considered
9 further by the Company. As discussed later in this testimony, with respect to the
10 alternatives considered for the iron treatment filter unit, the Company considered two types
11 of iron treatment filtration unit styles--gravity and pressure.
12 The Company is currently experiencing issues with the existing pumping/piping
13 arrangement at WTP #1, primarily related to meeting peak demands and optimizing water
14 age. The existing arrangement can cause stagnant water in the two ground storage tanks
15 because finished water does not flow through them. Instead, finished water is typically
16 back-fed from distribution for filling the ground storage tanks and withdrawn from the
17 ground storage tanks to distribution as needed. Finished water is typically pumped directly
18 from the clearwells of the existing iron treatment filters to distribution. Stagnant water can
19 lead to issues maintaining an appropriate chlorine residual and water quality.
20 Qll. PLEASE EXPLAIN THE PIPING MODIFICATIONS.
21 All. The proposed piping modifications will improve the operational flexibility and energy
22 efficiency of the facility. The current piping arrangement in the plant leads to unbalanced
23 flow from the North and South Filters. The existing piping arrangement, with a number of
Carbonaro - 5 1 tees and bends just prior to the pump inlet, creates turbulence into the pump which causes
2 excessive vibration, reduced pump efficiency, and erodes the service life of the units. The
3 proposed pump layout and design increases the spacing between the pumps improving
4 access to perform maintenance activities on the pumps and the piping appurtenances, such
5 as meters, valves, operators, and instrumentation. A fill transmission main will be added
6 from the plant to the ground storage tanks. A mixing system will be installed in the ground
7 storage tanks to improve the water quality by reducing any poorly mixed zones, short
8 circuiting, and stratification. The water quality will be improved by reducing potential
9 incidences of bacterial growth, nitrification, Disinfection Byproducts (DBP), and loss of
10 chlorine residual. The new fill transmission main will allow the existing transmission main
11 to function as a draw line. The facility can then simultaneously treat water to fill the ground
12 storage tanks and pump treated water to the distribution system. Turnover in the ground
13 storage tanks will be improved under this arrangement. Improving turnover in the ground
14 storage tanks will improve chlorine residual management and water quality.
15 ENGINEERING FIRM SELECTION PROCESS
16 Q12. PLEASE SUMMARIZE THE ENGINEERING FIRM SELECTION PROCESS.
17 A12. CUII prepared a Request for Proposals (RFP), provided in Attachment SC-2, to solicit
18 proposals from engineering firms for the design, permitting, and construction
19 administration of the project. The RFP was issued to pre-qualified engineering firms on
20 October 30, 2018. Proposals were due on November 21, 2018.
21 The Twin Lakes Water Treatment Plant #1 Improvements Engineering Firm Selection
22 Process memorandum, dated January 29, 2019, provided as Attachment SC-3, was
23 prepared following completion of CUII' s proposal review process to document the
24 selection process. A total of five firms were invited to provide proposals. Three proposals
Carbonaro - 6 1 were received. CUII generally followed a qualifications-based selection process.
2 Lockwood, Andrews & Newnam, Inc. (LAN) was selected as the engineer and engaged on
3 January 30, 2019. Design engineering efforts began shortly thereafter.
4 ENGINEERING DESIGN PROCESS
5 Q13. PLEASE SUMMARIZE THE ENGINEERING DESIGN PROCESS.
6 A13. CUII and LAN were in frequent communication during the engineering design process.
7 The design kick-off meeting was held on February 18, 2019. Progress phone calls between
8 CUII and LAN were held bi-weekly. The 50% Design Meeting was held on June 25, 2019.
9 The 90% Design Meeting was held on September 11, 2019. CUII and LAN were also in
10 communication between meetings as needed to resolve design issues, clarify existing
11 conditions, and other design questions.
12 At the design meetings, the plans, specifications, and engineering estimates were reviewed.
13 The goals of the project design were to address the issues identified in the Symbiont report,
14 modernize the facility's controls, improve efficiency of the facility, and ensure compliance
15 with environmental regulations. Design alternatives were frequently discussed to minimize
16 the capital and on-going operations and maintenance costs. Considerations were made
17 during design to reliably provide water to the distribution system to eliminate risk of
18 outages and water quality issues for customers. All plans and specifications were reviewed
19 by CUii to ensure conformance with project goals.
20 Q14. PLEASE DESCRIBE THE MAJOR EQUIPMENT SELECTION PROCESS.
21 Al4. The new iron filter equipment was identified as the greatest contributor to the capital cost
22 of the project and operations and maintenance cost of the facility. At CUii's request, LAN
23 prepared the Filter Evaluation Technical Memorandum (provided as Attachment SC-4),
Carbonaro - 7 1 dated May 14, 2019, to evaluate between a pressure filter and gravity filter for the filter
2 replacement. LAN identified that while it may be possible to utilize pressure filters, the
3 added complexity of operating two styles of filters (gravity and pressure), as well as the
4 higher chemical costs associated with pressure filters, would negate any potential savings
5 in capital, if any. The gravity and pressure filters provide effectively the same level of
6 treatment. Therefore, due to its simpler plant hydraulics, lower chemical consumption, and
7 operator familiarity, LAN recommended replacing the existing South Filter in kind with a
8 similar package iron removal gravity filtration unit.
9 LAN identified two acceptable manufacturers of the iron removal gravity filtration unit
(filter) that would meet design criteria and not require building modifications. Each
11 manufacturer had capability to provide a filter constructed of aluminum or of carbon steel.
12 CUII and LAN toured existing facilities to evaluate each manufacturer and the filter
13 materials. CUII and LAN determined that aluminum was a superior material for the filter,
14 as the aluminum filters in service for several years showed no evidence of corrosion.
15 Aluminum will not require regular blasting and coating and is less susceptible to corrosion.
16 The bidding form included an alternate between aluminum and carbon steel to determine
17 the incremental additional cost for an aluminum filter.
18 Passive and mechanical mixing systems were considered for the ground storage tanks. An
19 explanation of these alternates is provided later in this testimony.
20 Pumps and motors were selected based upon CUII and LAN operational experience and
21 hydraulic fit of the pump curve to the design application.
Carbonaro - 8 1 Ql5. PLEASE DESCRIBE THE CONTROLS DESIGN PROCESS.
2 Al5. The controls for the water and wastewater systems are generally outdated and CUII
3 identified this project and the projects on the wastewater system as opportunities to
4 modernize the controls. CUII also wanted to standardize controls equipment to ensure
5 compatibility and full functionality. Concentric Integration (Concentric) was engaged to
6 prepare an assessment of the Supervisory Controls And Data Acquisition (SCADA) system
7 and provide recommendations for the upcoming projects. Concentric' s SCAD A System
8 Assessment report, dated May 2019, is provided as Attachment SC-5. Generally,
9 Concentric's report provided recommendations for equipment, communications, and
10 design philosophy for the system improvements and integration of the existing equipment.
11 CONSTRUCTION FIRM BIDDING PROCESS
12 Ql6. PLEASE SUMMARIZE THE BIDDING DOCUMENTS.
13 Al6. The plans and front-end specifications used for bidding are provided as Attachment SC-6
14 and Attachment SC-7, respectively. Four addendums were issued in response to bidder
15 questions.
16 The project was bid as a lump sum base bid, with five alternates.
17 Alternate A is a deduct alternate for the iron filter vessel material. This amount would be
18 deducted if a carbon steel filter was chosen instead of aluminum.
19 Alternate B is a deduct alternate for the yard piping type. This amount would be deducted
20 if PVC was chosen instead of ductile iron for yard piping.
21 Alternates C-1, C-2, and D are for the mixing system for the ground storage tanks. Only
22 one of these alternates is necessary to be chosen. Alternate C-1 is a passive mixing system
23 with ductile iron pipe. Alternate C-2 is a passive mixing system with PVC pipe. Alternate
24 D is a mechanical mixing system.
Carbonaro - 9 1 Generally, CUII and LAN identified alternates to determine cost differences for different
2 options considered during design. Alternates are also useful to improve the competitiveness
3 of bidding by identifying various acceptable materials and/or suppliers.
4 Q17. PLEASE EXPLAIN THE BID BOND REQUIREMENT.
5 A17. CUii required a 180-day bid bond for bidding on the project due to the anticipated time
6 required for approval of the project. CUii and LAN discussed the possibility of an extended
7 time period between bidding and project award with several contractors. Generally, CUii
8 identified that 180 days is the maximum that most contractors were willing to hold their
9 bid for projects of this scope. Extending to 365 days would likely require the contractor to
10 add to their bid to accommodate possible increases in equipment, material, and labor costs
11 or discourage them from bidding altogether. Scheduling of the project would be difficult
12 for the contractor as they would continue to bid on other projects. Longer bid holding
13 periods seemed to favor larger contractors that were able to accommodate the potential cost
14 and schedule volatility. To improve the bidding competitiveness and pricing favorable,
15 CUII decided on the 180-day bid bond period.
16 Ql8. PLEASE SUMMARIZE THE BIDDING PROCESS.
17 Al8. CUII conducted the bid process to provide the most favorable bids to CUII by creating a
18 competitive, fair bidding process. The bidding documents were posted on the Dodge
19 Report, a database of projects out for bid. The Dodge Report is commonly used and
20 accessed by construction contractors. To increase interest in the project, CUII and LAN
21 also directly contacted contractors that have previously performed similar work or are
22 known to complete similar work.
Carbonaro - 10 1 Bidders were required to provide reference information including financial statements and
2 project experience.
3 A pre-bid meeting was held on December 4, 2019 to allow bidders to familiarize
4 themselves with the facility and ask questions.
5 Bids were due on January 9, 2020 at LAN's offices and were then reviewed and tabulated.
6 As discussed in my testimony, bids are valid for 180 days and will expire on July 7, 2020.
7 After this date, CUil would most likely need to negotiate with the selected bidder or re-bid
8 the project.
9 CONSTRUCTION CONTRACTOR SELECTION PROCESS
10 Q19. PLEASE SUMMARIZE THE CONSTRUCTION BIDS RECEIVED.
11 A19. Construction bids were received on January 9, 2020. A tabulation of the bids is provided
12 in LAN's Bid Recommendation letter, provided as Attachment SC-8. Four bids were
13 received. Bowen Engineering Corporation (Bowen) was identified as the apparent low
14 bidder. Upon review of Bowen's project reference and financial information, CUil and
15 LAN identified that Bowen has the necessary experience and financial resources to
16 successfully complete the project. If pre-approval is received by the expiration of the bids
17 (July 7, 2020), CUil plans to award the project to Bowen.
18 PROJECT COST
19 Q20. CAN YOU SUMMARIZE THE CAPITAL COSTS FOR THE PROJECT?
20 A20. The total cost for LAN's design, permitting, bidding, and construction administration
21 engineering is anticipated to be approximately $229,208.
22 The total cost of the Concentric's SCADA assessment was split between the wastewater
23 treatment project and this project. The total amount attributed to this project was $13,453.
Carbonaro - 11 1 CUii anticipates the total construction cost of the project to be $1,907,000, including the
2 lump sum base bid and Alternate C-2, based upon LAN's recommendations.
3 Following bidding, CUii identified that Indiana State Sales Tax was not applicable to the
4 project and requested a Contract Price reduction from Bowen. Bowen's proposed reduction
5 of $56,255 is included the 'Utilities Inc -Twin Lakes Water Treatment Plant #1: Request
6 for Change Order #1 - Sales Tax Credit' letter, provided as Attachment SC-9.
7 Additional costs for permitting fees are anticipated to be approximately $1,000.
8 The total capital cost of the project of the project is anticipated to be $2,094,406, pending
9 approval of the project by July 7, 2020.
10 Q21. DOES THAT CONCLUDE YOUR PREFILED DIRECT TESTIMONY?
11 A21. Yes, it does.
Carbonaro - 12 VERIFICATION
I, Sean Carbonaro, Project Manager for Community Utilities oflndiana, Inc., affirm under penalties of perjury that the foregoing representations are true and correct to the best of my knowledge, information, and belief.
Sean Carbonaro
Date: February 7, 2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 1 of 30
TO: John Norton and Loren Grosvenor/ Utilities, Inc. - Crown Point, IN
FROM: Patrick Carnahan and John Kissel / Symbiont
DATE: October 3, 2018
SUBJECT: Crown Point Water System Filtration Evaluation and Recommendation
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APPENDIX A Existing Well Water Quality & Iron Filter Equipment Information Cor,munity Utilities of Indiana, Inc. . I Attachment SC-1 PUBLIC WatSim Page 11 of 30
RAW WATER DEPOSmON POTENTIAL INDICATORS
Utilities Twin Lake Peotone Branch Plant 1 Raw Tony Melone
Report Date: 03-24-2017 Sampled: 03-2+2017 Sample#: 1057 at 0000
SATURATION LEVEL FREE ION MOMENTARY EXCESS (ppm) Calcite (CaC03) 1.37 Calcite (CaC03) 0.200 Aragonite (CaC03) 1.21 Aragonlte (CaC03) 0.130 Anhydrite (CaS04) 0.0228 Anhydrite (CaS04) -L3%E+3 Gypsum (CaS04*2H20) 0.0408 Gypsum (CaS04*2H20) -1.0%E+3 Calcium phosphate 0.00 Calcium phosphate >-0.001. Hydroxy apatite 0.00 Hydroxy apatite -402.71 Fluorite (CaF2) 0.00 Fluorite (CaF2) -29.25 Silica (SiOz) 0.00 Silica (Si02) -87.40 Brudte (Mg(OH)z) < 0.001 Bruclte (Mg(OH)z) -2.03 Magnesium silicate 0.00 Magnesium silicate -181.36 Iron hydroxide (Fe(OH)3) 195.83 Iron hydroxide (Fe(OH)3) < 0.001 Siderite (FeC03) 51.32 Siderite (FeC03) 0.840 Strengite (FeP04*2H20) 0.00 Strengite (FeP04"2H20) >-0.001 Calcium oxalate (CaC204) 0.00 Calcium oxalate (CaC204) -0.220 Ca pyrophosphate (CaP207) 0.00 Ca pyrophosphate (CaP207) ·0.00217 Zinc phosphate (Zn3(P04)2) 0.00 Zinc phosphate (Zn3{P04)2) ·0.0462
SIMPLE INDICES BOUND IONS TOTAL FREE Langelier 0.205 Calcium 119.70 105.59 Ryznar 6.84 Carbonate 2.07 0.445 Puckorius 5.70 Phosphate 0.00 0.00 Larson-Skold Index 0.402 C.C.P.P. 2.97
CHEMICAL PROPERTIES OPERATING CONDITIONS D.LC. ( mg/L C) 112.91 Temperature (°F) 55.00 Pb solubility(ug/L) 2.37 Time(mlns) 3.00 Cu solubitity(mg/L) 5.56 Zn solubi!lty(mg/L) 10.41 PP04 solubllity(mg/l) 4.07 P04 solubility(mg/L) 19.98
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 ------t1-n-rriettt?:rr1e>===ICommunity Utilities of Indiana, Inc. Attachment SC-1 PUBLIC WatSim Page 12 of 30 WATER CHEMISTRY INPUT
Utilities Twin Lake Peotone Branch Plant 1 Raw Tony Melone
Report Dat1=: 03-24-2017 Sampled: 03-24-2017 Sample#: 1057 at 0000
CATIONS ANIONS Calcium (as Ca) 119.70 Chloride (as Cl) 21.00 Magnesium (as Mg) 66.00 Sulfate (as 504) 134.00 Sodium (as Na) 0.00 "M" Alkalinity (as CaC03) 422.00 Potassium (as K) 0.00 "P" Alkalinity (as CaC03) 0.00 Ammonia (as NH3) 0.438 Oxalic acid (as C204) 0.00 Iron (as Fe) 2.95 Cyanide (as HCN) 0.00 Manganese (as Mn) 0.0340 Phosphate (as P04) 0.00 Aluminum (as Al) 0.00 Pyrophosphate (as P04) 0.00 Zinc (as Zn) , 0.00 Silica (as Si02) 0.00 Boron (as B) 0.00 Nitrate (as N03) 0.00 Fluoride (as F) 0.00
PARAMETERS COMMENTS pH 7.25 Hardness: 568 ppm Temperature (°F) 55.00 Calculated T.D.S. 919.37 calculated Cond. 942.71
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. 11011 FIiier F'reapproval Attachment SC-1 PUBLIC WatSim Page 13 of30
RAWWATER DEPOSITlON POTENTIAL INDICATORS
Utilities Twin Lake Peotone Branch Plant 1 Finished Tony Melone
Report Date: 03-24-2017 Sampled: 03·24·2017 Sample#: 1057 at 0000
SATURATION LEVEL FREE ION MOMENTARY EXCESS (ppm) Calcite (CaCO3) 1.62 Calcite (CaCO3) 0.323 Aragonite (CaCO3) 1.43 Aragonite (CaCO3) 0.255 Anhydrite (CaSO4) 0.0225 Anhydrite (CaSO4) -1.3%E+3 Gypsum (CaSO4*2H2O) 0.0403 Gypsum (CaSO4*2H2O) -999.86 Calcium phosphate 0.00 Calcium phosphate >-0.001 Hydroxyapatlte 0.00 Hydroxyapatite -401.98 Fluorite {CaF2) 0.00 Fluorite (CaF2) ·28.83 Silica (SiOz) 0.00 Silica (SiOz) ·87.40 Brucite (Mg(OH)z) < 0.001 Brudte (Mg(OH)i) -2,01 Magnesium silicate 0.00 Magnesium silicate -181.19 Iron hydroxide (Fe(OM)3) 1.53 Iron hydroxide (Fe(OH)J) < 0.001 Siderite (FeC03) 0.317 Siderite (FeCO3) -0.0600 Strenglte (FeP04*2HzO) 0.00 Strengite (FeP04*2H2D) >-0.001 Calcium oxalate (CaCzO4) 0.00 Calcium oxalate (CaCz04} -0.212 Ca pyrophosphate (CaP2O7) 0.00 Ca pyrophosphate (CaP2O7) ·0.00200 Zinc phosphate {Zn3(PO4)z) o.oo Zinc phosphate {Zn3{PO4)2) ·0.0461
SIMPLE INDICES BOUND IONS TOTAL FREE Langelier 0.277 Calcium 122.90 108.94 Ryznar 6,78 Carbonate 2.41 0,508 Puckortus 5.75 Phosphate 0.00 0.00 Larson-Skold Index 0.396 C.C.P.P. 3.55
CHEMICAL PROPERTIES OPERATING CONDITIONS D.I.C. (mg/LC) 105.68 Temperature (0 F) 55.00 Pb solubi!ity(ug/L) 2.08 Time(mins) 3.00 cu solubility(mg/L) 4.49 Zn solubility(mg/L) 9.43 PPO4 solubility(mg/L) 3.87 P04 solubiHty(mg/L) 15.45
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. hail l"ilter l"reapproval Attachment SC-1 PUBLIC WatSim Page 14 of30
WATER CHEMISTRY INPUT
Utilities Twin Lake Peotone Branch Plant 1 Finished Tony Melone
Report Date; 03-24-2017 Sampled: 03·24-2017 Sample#: 1057 at 0000
CATIONS ANIONS Calcium (as Ca) 122.90 Chloride (as Cl) 18.00 Magnesium (as Mg) 67.00 Sulfate (as SO4) 128.00 Sodium (as Na) 0.00 "M" Alkalinity (as CaC03) 402.00 Potassium (as K) 0,00 "P" Alkalinity (as CaCO3) 0.00 Ammonia (as NH3) 0.0490 Oxalic acid (as C2O4) 0.00 Iron (as Fe) 0.0160 Cyanide (as HCN) 0.00 Manganese (as Mn) 0.0180 Phosphate (as P04) 0.00 Aluminum (as Al) 0.00 Pyrophosphate (as PO4) 0.00 Zinc (as Zn) 0.00 Silica (as SiO2) 0.00 Boron (as B) 0.00 Nitrate (as NO3) 0.00 Fluoride (as F) 0.00
PARAMETERS COMMENTS pH 7.33 Hardness: 580 ppm Temperature (°F) 55.00 "' Calculated T.D,S. 874.18 Calcufated Cond. 920.21
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. lion Filte1 l"reapp1uval Attachment SC-1 PUBLIC WatSim Page 15 of30
RAW WATER DEPOSITION POTE.NTIAL INDICATORS
Utilities Twin Lake Peotone Branch Plant 2 Raw Tony Melone
Report Date: 03-24-2017 Sampled: 03-24-2017 Sample#: 1057 at 0000
SATURATION LEVEL FREE ION MOMENTARY EXCESS (ppm) Calcite (CaC03) 1.32 Calcite (CaCO3) 0.187 Aragonite (CaC03) 1.17 Aragonite (CaCO3) 0.112 Anhydrite (CaSO4) 0.0122 Anhydrite (CaSO4) ·1.3%E+3 Gypsum (CaS04*2H2O) 0.0218 Gypsum (CaSO4*2H2O) -L0%E+3 Calcium phosphate 0.00 Calcium phosphate >-0.001 Hydroxyapatite 0,00 Hydroxyapatlte -397.21 Fluorite (CaFz) 0.00 Fluorite {CaF2) -30.14 S!lica (SiOz) 0.00 Silica (S1O2) •87.40 Brucite (Mg(OH)2) < 0.001 Brucite (Mg(OH)2) -2.04 Magnesium silicate 0.00 Magnesium smcate -180.12 Iron hydroxide (Fe(OH)3) 194.92 Iron hydroxide (Fe{OH)3) < 0.001 Sidertte (FeCO3) 53.83 Siderite (FeCO3) 0.871 Strengite (FeP04*2H2O) 0.00 Strengite {FeP04*2H20) >-0,001 Calcium oxalate (CaC2O4) 0.00 Calcium oxalate (CaC204) -0.236 ca pyrophosphate (CaP20J) 0.00 Ca pyrophosphate (CaP2O7) -0.00232 Zinc phosphate (Zn3(PO4)2) 0.00 Zinc phosphate (Zn3(PO4)2) -0.0450
SIMPLE INDICES BOUND IONS TOTAL FREE Langelier 0.179 Calcium 105.30 95.01 Ryznar 6.89 Carbonate 2.10 0.461 Puckorius 5.73 Phosphate 0.00 0.00 Larson-Skold Index 0.233 CC.P.P. 2.97
CHEMICAL PROPERTIES OPERATING CONDIDONS D.I.C. (mg/l C) 118.35 Temperature (°F) 55.00 Pb solubility(ug/L) 2.25 Time(mins) 3.00 Cu solubility(mg/L) 5,17 Zn solubility(mg/L) 9.$6 PPO4 solubillty(mg/L) 4.53 PO4 solubillty(mg/L) 20.98
Hawkins Water Chemicals Group 3100 East Hennepin Avenue,, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. · er Preapproval Attachment SC-1 PUBLIC WatSim Page 16 of30
WATER CHEMISTRY INPUT
Utilities Twin Lake Peotone Branch Plant 2 Raw Tony Melone
Report Date: 03-24-201.7 Sampled: 03-24-2017 Sample#: 1057 at 0000
CATIONS ANIONS Calcium (as Ca) 105.30 Chloride (as Cl) 16.60 Magnesium (as Mg) 62.60 Sulfate (as SO4) 76.00 Sodium (as Na) 0.00 "M" Alkalinity (as CaC03) 442.00 Potassium (as K) 0.00 "P" Alkalinity (as CaC03) 0.00 Ammonia (as NH3) 0.304 Oxalic acid (as C:2O4) 0.00 Iron (as Fe) 2.82 Cyanide (as HCN) 0.00 Manganese (as Mn) 0.0340 Phosphate (as P04) 0.00 Aluminum (as Al) 0.00 Pyrophosphate (as PO4) 0.00 Zinc (as Zn) 0.00 Silica (as S1O2) 0.00 Boron (as B) 0.00 Nitrate (as NO3) 0.00 Fluoride (as F) 0.00
PARAMETERS COMMENTS pH 7.25 Hardness: 518 ppm Temperature (°F) 55.00 Calculated T.D.S. 866.56 Calculated Cond. 874.13
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. ------~hnrrFttto-r1"rc==I Attachment SC-1 PUBLIC WatSim Page 17 of 30
RAW WATER DEPOSITION POTENTIAL INDICATORS
Utilities Twin lake Peotone Branch Plant 2 Finished Tony Melone
Report Date: 03-24-2017 Sampled: 03-24-2017 Sample#: 1057 at 0000
SATURATION LEVEL FREE ION MOMENTARY EX.CESS (ppm) Calcite (CaCO3) 1.13 Calcite (CaCO3) 0.0747 Aragonite (CaCO3) LOO Aragonite (CaCO3) 0.00245 Anhydrite (CaSO4) 0.0121 Anhydrite (CaSO4) -1.3%E+3 Gypsum (CaSO4*2H20) 0.0216 Gypsum (CaSO4*2H2O) -L0%E+3 Calcium phosphate 0.00 Calcium phosphate >·0.001 Hydroxyapatlte 0.00 Hydroxyapatite -395.41 Fluorite (CaF2) 0.00 Fluorite (CaFz) -29.69 Silica (S1O2) 0.00 Silica (S1O2) -87.41 Brudte (Mg(OH)2) < 0.001 Bruclte (Mg(OH)2) ·2.10 Magnesium silicate 0.00 Magnesium silicate -179.72 Iron hydroxide (Fe(OH)J) 0,659 Iron hydroxide (Fe(OH)}) < 0.001 Siderlte (feC03) 0,209 Siderite (FeC03) -0.0844 Strengite (FePO4*2H20) 0.00 Strengite (FeP04*2H2O) >-0,001 Calcium oxalate (CaC2O4) 0.00 Calcium oxalate (CaC204) -0.227 Ca pyrophosphate (CaP207) 0,00 Ca pyrophosphate (CaP2O7) -0,00210 Zinc phosphate (Zn3(PO4)2) 0.00 Zinc phosphate (Zn3(PO4)2) -0.0446
SIMPLE INDICES BOUND IONS TOTAL FREE Langelier 0.111 Calcium 107,80 97.57 Ryznar 6,96 Carbonate 1.70 0.381 Puckorius 5.74 Phosphate 0.00 0,00 Larson-Skold Index 0,228 C.C.P.P. 2.33
CHEMICAL PROPERTIES OPERATING CONDITIONS D.l,C. (mg/LC) 117.14 Temperature (°F) 55,00 Pb solubifity( ug/l) 2.71 Tfme(mins) 3.00 Cu solubility(mg/L) 6,38 Zn solubility{mg/L) 10.92 PPO4 solubility(mg/L) 4.10 PO4 solubility(mg/L) 23.56
Hawkins water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. II u11 Filter I" reapproval Attachment SC-1 PUBLIC WatSim Page 18 of30
WATER CHEMISTRY INPUT
Utflities Twin Lake Peotone Branch Plant 2 Finished Tony Melone
Report Date: 03·24-2017 Sampled: 03-24-2017 Sample#: 1057 at 0000
CATIONS ANIONS Calcium (as Ca) 107.80 Chloride {as Cl) 16.00 Magnesium (as Mg) 58,40 Sulfate (as 504) 72.20 Sodium (as Na) 0.00 "M" Alkalinity (as caC03) 430.00 Potassium (as K) 0.00 "P" Alkalinity {as CaC03) 0.00 Ammonia ( as NH3) 0.0610 Oxalic acid (as C204) o.oo Iron (as Fe) 0.0130 Cyanide ( as HCN) Q,QQ Manganese (as Mn) 0.00 Phosphate (as P04) o.oo Aluminum (as Al) 0.00 Pyrophosphate (as P04) 0.00 Zinc (as Zn) 0.00 Silica (as SiOz) 0.00 Boron (as B) 0.00 Nitrate (as N03) 0.00 Fluoride (as F) 0.00
PARAMETERS COMMENTS pH 7.18 Hardness: 507 ppm
~ Temperature (◊f) 55.00 Calculated T.D.S. 851.32 calculated Cond. 851.18
Hawkins Water Chemicals Group 3100 East Hennepin Avenue, Minneapolis, MN 55413 Community Utilities of Indiana, Inc. l . . 2009 11: 04AM Si eme1s Water T,ch00l01ies-Ames At~!
..'
2.4"~ 1'1 MJTHRACl'TE 1 £FF. SIZE: OJo~ o.e MM, UNIF, COE:FF. = t 7
u 4"-GRAOED GR.>-.VEL,SlZE 1/+tix'l-[Q
4./'. GRADED GRAVEL I SIZE lh/ x 1/4" 1 4'! GRADED GRAVEL 1 SIZE :b/,4! x V.i' 11 411-. GRADED GRAVEL, SIZE tl/2.";<$/4
ALL MEDIA SHiPPED !N ONE CU. FT. BAGS A.t--l t:) ?A.t...t..e;-r f"t!.:: t> JOB', VA..t. F'A-R/'\\~•-""'------I P.O. N2:_N,- 'e(p_-!'""';$'"'-l ______f.W: \c,,J ..>~ DATE: 4-1'.:) ·86
TYPE. II A&RALATER UV!SIONS IY OAU j LOADJNS SCH~DULI! GENERAL
r'ILTE~ A I/. I. A"'> - C' Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 20 of 30
APPENDIX B Existing Site Plan and Yard Piping Information Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 21 of 30
APPENDIX B REDACTED Cornmunity Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 22 of 30
APPENDIX C Existing High Service Pump Information SECTION 4JO PAGE 406 ___..,.....,.....,....,,. 3 x 4 x 14 TYPE OJ Iron Filter Preapproval DATED JAN 1967 ENCLOSED I MPHLER Attachment SC-1 PUBLIC Page 23 of 30
MAX. SPHERES- 5/16'' · IMP. PATT. NO.· 4570 CASE PATT. NO. SfE BELOW MIN. IMP. DIA.- 9-3/4" .. 'uPF;ER (ALL) IB0A029 lWER (:t411} 180A030
··- 5/16" IMP. PATT. NO.· 4570 -+-+-+--i CASE PATT. NO, SEE BELOW MIN. IMP. DIA- 9-3/4" PPE1l {AU.) 1601,029 OWER (•411) l80A030 11412- -r !I 1t413). !80A074
Note: Refer to factory for selections out;ide of shaded oreo.
'\,J.IJ,-J t..AJ{.1¢$ vT!t...lTII::-. .$ ,l:\URORA PUMP J-(~. ,.w, I A UNIT OF GENERAL. SIGNAL. CORPORATION AUf,ORA ~ ILUNOIS S/AJ-" t;;.!t~ I 1,,,.~ '71-l....
.!'3 S-l> $..,..""'I .(I! ';J.,/'Mt, . ·-·--BommttM}'"'tltilitieS~dian~a,-.wl□""'"c--- Iron Filter Preapproval Attachment SC-1 PUBLIC Page 24 of 30
PEERLESS-MIDVJEST, INC. Woter Supply Contractors
51255 BITTERSWEET FWAD/GRANGER 1 INDIANA 46530/219 272-9050
HORIZONTAL PUMP INSPECTION REPORT
OWNER ____T_w_:i.1_1 _r_,a_k_e_t_H_:i_l_i_t_i_et_·; _c_:o_m_,_p_an~-y'------______
CfTY _____C_n_)1_1r_1 _P_o_i_n_t ______ST ATE ___I_n_d_ic_·t1_1n ______
A p PL !CAT JON _Jii1;1JLS.eDlic..e.~1~------LOCATION __I_n---"'T-'-r_e;;'-'1t"--n-'-'1e=n_;,.t-=-P=La=n-'-t ______------North .Pum i DATE INSPECTED ... 9/20/88 PERSON TO CONTACT ___E_a_r1_ .. _t_JcLeai1______CONTACT LO CAT ION ___A t_P_l_a_n_t ______PHONE __98_8_. -_2_1_5C_) ______
SHUT OFF -- SUCTION !DISCH.t.\RGE __D_A ·_r_E _____2fiE__$,$J)fiE_:_,_ 1_----"G""".P~M=·---l--'P,_·, R,_._· =E=S-=S"""U~R,=E-. F'R ES SIJn E On!G!f,JAL AFTEH LAS1' TEST 1987 9 511 485 7 9ft 182' Pf~FSE~JI ----- AT LINE Pl~ESSURE 1988 98 II 8111 187 1
TEST WILL BE COtv'1PLETE THFWUGH: TOP OF CHECK f\jf).:.r:ERIALS NEEDED TO TEST: ______
Rt\TEO CAPACITY:_JjQ _____ G.. PM.; _ .-2S1Q_•_TOH i OPERATING PRESSURE ______I • DATE INSTALLED 1968 DATES CF OVEF
EL.ECTRICAL DATA WITH PUMP IN OPERATION
INSPECTED BY Mike Sowers iron Filter Preapproval AttachmentSC-1 PUBLIC ,. Page 25 of30
PEERLESS--MIDV✓ EST, lNC. Waler Supply Contractors 51255 BITTERSWEET ROAD/GRANGER} tNDIANA 46530/219 ,272-90;>0 .•
HORlZONTAL PUMP INSPECTION REPORT QWNER___ --=.T..:.:.::vi=· n=-=La.:.:.::k~e'--"-U.=..:ti=· l=i=t.=-ie'--'s:...... :..G.::..:.omC.J.p-'-a_n.,,_,y ______C!TY _____C_r_o_wr_1_P_o_in_t ______STATE ___I_n_d~ia_n_a ______
-- - ~ ... ~ --··--· --·-- APPUCATlON-;;;;;::;;l:l;;;;:ig::::::h;;;;;;;::;Se;;;;;r;;;;;;-v;;;;;;i;;:;c;;;;;;e;;;;;ff;;;;;2;;-______LOCATION ___T_re_a_t_m_eu_t_· _P_l_an_t______Middle Pump
DATE INSPECTED l0/2187 PERSON TO CONTACT_--=Ea=r=l'-M=c=•L=e=a=n~------CONTACT LO CAT JON_-:A.:.:.::t:--.::;.P.=..:la=n=t'------PHONE _ _,;9_8_8_-_21-'5__ 0 ____ _ SHUT OFF SUCTION DISCHARGE BOOS t------""t--D~AT_,E=----➔--~E~R_E-SS.~U_f=~--+--G=.P.~.M~. --1--'P~Rf;.SSURE PRESSURE T H ORIGH..JAL AF 1lEiTLAs=r--l'----1-9s_6_--1,---9-B1_1_-+---4-3-o---f------1--a-2-,,---+---1s-9-,---1 PRESENT AT LINE PRESSURE 1987 88i! 460 7511 173' FLANGE OR fEST WILL BE COMPLETE THROUGH: TOP OF CHECK ___ METER ____THREAO SIZE-- vlP.:r:.i::RIALS NEEDED TO TEST! ______
::UMP MFG. ___Au_r_o_r_a ____ SERIAL NUMBER ____6S_-_I_ 6_29_9_-_I ______
Grease seal is out on motor. --=::------REMARKS:
Doug Bloss l~✓ SPECTED BY ______Community Utilities of Indiana, Inc. r------;1rOl'ITilterPreappro-...-----.., Attachment SC-1 PUBLIC Page 26 of 30
PEERLESS-MIDWEST, INC. Water Supply Contractors 51255 BITTERSWEET ROAD/GRANGEF\, INDIANA 4 6530/219 272-9050
HORIZONTAL PUMP INSPECTION REPORT
APPUCATION __l_ti~.g_h_Se_.r_·v_i_c_e_l._l 3_· _____ LO CAT I ON ___T_r_e_,1t_·.n_1e_n_t_P_l"_-11_1 t_· ______
DATE INSPECTED 9/ 70/SS PERSON TO CONTACT~__ E_a-_r._L _l<_lc_L_e_ar_.1 ______CONTACT LO CAT ION ______PHONE ______
SHUT OFF - SUCTION DISCHARGE BOOST . DATE ... EBE.SSURE G.PM. PR!;SSURE PRESS.URE . TOH ORIGlr✓AL AFTER LAST TEST 1987 103ft 200 1 nn ✓' 'J''lJ I .PRESENTAI LINE PRESSURE 1988 105# 220 100ft 231' X FLANGE OR TEST WILL BE COMPLE1E THROUGH: TOP OF CHECK ____ METER ____ THREAD SIZE __
Mf\TERIALS NEEDED TO TEST:------~------
PUMP MFG ___A_u_ro_r_:a _____ SERIAL NUM8f:R ___8_5_-_13_2_9_ 11______
RATED CAPACITY: ______350 GPM i __ .;;;;?OO' TOH; OPER/'ITING PRESSURE------~-- DATE INSTAl.LED 1986 DATES CF OVERHAUL ______SIZE OF lS CHECt< VALVE LEAKING? YES. ____ t'-K)_X DOES STLfFING BOX HAVE SPRINGS'Z.._::_PACKING __:: __ _ !HE FOLLOWING IS TO BE PERFORMED DURING EACH INSPECTION: CHANGE MOTOf1 OIL a GREASE _____ REPACK PUMP____ GREASE PUMP_-____
(place check mark V!hen completed) PUMP IS PRESENTLY DEVELOPING ___220 GPM ... ..:::..?30,______TO.H.;SHUT OFF HEAD ______242 1 _ FT PRO,JECTED CURVE CAPACITY 350 GPM, 225 1 TOH
MOT OR MFG. _r,_li_n_:a_t_h_o_n _____ S ERIA L N 0. ______FR A ME __J :.._ 11_1 'I_'P_ll_V ___ HP. ----40 VOLTS 230/1+60 AMPS lO!i/52 PHASE __3___ RPM __J_.7_C:_i5 ___ _ ELECTRICAL DATA WITH PUMP IN OPERATION VOLTS __t_iB_O_
lN5P ECT E o gy ____M_i~_k_e _S_o_wer s Community Utilities of Indiana, Inc. Iron Filter Preapproval Atbchment SC-1 PUBLIC Page 27 of 30 *PEERLESSU MIDWEST! 55860 Russel.I Industrial Farkway ! Mishawaka,. lndi,ma 46545 i 574.254.9050 ( Fax 574.254.9650 HORIZONTAL PUMP INSPECTION REPORT
Owner Twin Lakes Uti!lties Cornpany
City Crown Poinl ( N 41.39436", W 087.22'124") State It\J
Purnp No. #4 Hi9h Service Location Water Plant East of Sewer Pl21nt Application Booster to System PSI 219, 226•• 1b30 - 0Hic0 Phone ll 15-T78-0'N5 · eel! Person to Contact Charles Alexander
SUCTION SHUT OFF DISCHARGE DATE G.P.M. PRESSURE BOOSTTDH PRESSURE PRESSURE {OR LIFT)
ORIGINAL
AFTER LAST TEST 2013 120# NOA 9# 974! 203'
PRESENT AT LINE 2014 543 9# 203' PRESSURE 11 Bil 97#
Test Corr1pleted Throu9h ~~1it•1tt~I' --X Flange/Thread Size Ccrnflned Space Entry? No
""1hf.""b '} Motor HP 50 Make Marathon Volts 230/460 RPM .),J,JU Phase "' F'urnp Mf~J- Aurora Serid No. 92-02070 1 Rated C:ipacity: 500 GPM ---217' TDH Operating Pressure 85# Siz:e of Packing Mech. Seal Date !nstalif;d 1992 Dates uf Overhaul 2006,2011
THE FOLLOWING IS TO BE PERFORMED DURING EAC/-1 INSPECTION
Is Check Valve Loaking? No Change Motor Oil & C:irease SB Repack Pump MS Gmase X --- ~..~ .. - Pump is Presently Developing 543 GPM TOH Projected Curve Cap;idty 500 GPM TOH
Rated Shut Off Hoad 240' ft Cakulai:cd Shut Off Head 252 ft. 61 @ 460V Full Load Arnps
c·· ·~ Etectrlcal Data With Purnp in Operation: 480 Volts ,.),j I '54 I 55 A1T1ps
Can Electrlcal Control Box Be Locked Out? Yes
M;:,terials Needed to Tost Pump .
Remarks /vleter Test.
lnspecti:,d By John Kollar [)ate inspected Deccr11ber 11, 20'14 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC .------=--P-E_E_R_L_E_S_S_d______:_:::=:..::..:.~,Page 28~0 ..,.,..,..__,_, MIDWEST! 55860 ffossell Industrial Parkway/ Mlsrrnwak;,,, Indiana 46545 / .574.254.9050 / Fiix 574.254.96~,0 HORIZONTAL PUMP INSPECTION REPORT
Owr,er Twin Lakes Utilities Cornpany
City Crown Point ( f\l 41.39436", W 087.22124") IN
Purnp N o. __#_S_H_i=g_h_S_0_1,_·i_c_e __ Location Water· Plant East of Sewer Plant Application ______2.19-.22.6,-1630- offke. Plione ------815-378-0?9:i 0°.II Por-son to Contact ------Charles Alexander SUCTION SHUTOf'F DJSCHARGE DATE G.P.M. PRESSURE BOOST TDK PRESSURE PRESSURE (OR LIFT)
ORIGINAL
AFTER LAST TEST 2013 1101/ NDA 9# 961, 201'
PRESENT AT LINE 2014 "i 14/1 213' PRESSURE 498 8# 100#
Test X Flange/Thread Size _____ Confined Entry'? ___N_ic_- __
r\liotor HP 50 rvtake fV1ar-athon Volts 2"30/460 RPtv1 3550 ------'------Purnp Mfg. ------.Aurora Serial f\Jo. 92-02070-2 Rated Capacity: 500 GPM 217' TDH Operatinq Pressure, ____i_..l4_1_1 ___ Size of Packing Mech. Seal Date installed ------1992 Dates of Overhaul ------2007, 2013
Tl-IE FOLLOWING IS TO BE PERFORfv1ED DURING EACH INSPECTION
is Check Valve L,n1king'? No Chan9e Motor Oil & Grnase SB Repack Pump M/S Grease Pump )(
Pump ls Presently Developing 498 GPM 213' TDH Projected Curve C<1pacity 500 Gf>M 212' TDH Ratf;cf Shut Off Head -----240' ft, Calculatod Shut Off Head 245 ft. 6'1 @ 460\/ Full Load Amps Eloctr,cal Data With Pump in Openion: 4f.l0 Volts 53 / 56 / 56 Arnps
Can Electrical Control Box Be Locked Out? Yes Materials Needed to Test Purnp------
f\leed tri,.r;od to pull rnotor ("I" bearn v,as rernoved},
Inspected By John Kollar Date Inspected Dernn1ber 11, 2C.l'14 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 29 of 30
APPENDIX D Planning Level Construction Cost Estimate Information Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-1 PUBLIC Page 30 of30
UTILITIES INC. FILTER EVALUATION PROJECT
OPINION OF PROBABLE ENGINEERING AND CONSTRUCTION COSTS
IRON FILTER REPLACEMENT, FILTERED WATER STORAGE/PUMPING MODS, ELECTRICAL UPGRADES
General Description This cost estimate reflects the capital costs associated with the construction of a new iron filter, filtered water storage and pumping and electrical system upgrades at the Crown Point Water Treatment Plant #1. Engineering design and construction support were added as a % of construction for planning purposes.
Construction Costs Unit Cost Const. Cost ITEM Units Quantity ($) ($)
Filtration S~stem (come_onents listed below/
Gravity Filter, tank internals, media, controls, face piping and valves (actuated and manual) LS 1 $ 285,000.00 $ 285,000 Field Service LS 1 $ 2,500.00 $ 2,500
New High Service Pump LS 1 $ 15,000.00 $ 15,000 New Filtered Water Booster Pump Skid to Ground Storage LS 1 $ 40,000.00 $ 40,000
Mechanical Contractor (individual items listed below/ 1 $ 365,000.00 $ 365,000 Removal of Existing Filter, Tank, and Media Installation and setting of new tank Above Grade Mechanical Piping Inside Filter Building, Supports Underground Yard Piping New underground and exposed piping mechanical valves
Concrete Contractor (jndividual items listed below/ 1 $ 20,000.00 $ 20,000 Concrete Pad Repair Materials, Equipment and Labor LS
Roofing_ Contractor (jndividual items listed below/ 1 $ 15,000.00 $ 15,000 Removal of Existing Roof, Replacement of Roof, Labor, Equipment and Material LS
Seancrete Contractor (jndividual items listed below/ 1 $ 30,000.00 $ 30,000 Removal of Existing Spancrete, Replacement of Spancrete, Labor, Equipment and Material LS
Electrical Contractor (jndividual items listed below/ 1 $ 215,000.00 $ 215,000 Electrical Materials, Labor (Related to New Filtration and Pumping Equipment) LS $ 50,000.00 $
Electrical Materials, Labor (Upgrading Existing Electrical Distribution) LS $ 165,000.00 $ -
Contractor General Conditions & Manag_ement Costs (No Permits/ LS 1 $ 185,000.00 $ 185,000
Construction Subtotal $ 1,172,500 AACE International Class 3 Estimate (Planning level, -10 to 20% low and +10 to 30% high) 30% $ 351,800 Undesigned Details 10% $ 117,300 Engineering (Design and Construction Support) 20% $ 234,500 Subtotal Including Project Contingency and Engineering $ 1,876,100 General Contractor Profit 7% $ 131,300 Total Estimated Engineering and Construction Cost $ 2,007,400 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page1 of12
Request for Proposals ("RFP")
for Community Utilities of Indiana, Inc. ("CUii")
"Twin Lakes Water Treatment Plant #1 - South Iron Filter Replacement and Distribution Improvements"
Issued by: COMMUNITY UTILITIES OF INDIANA, INC. 2335 SANDERS ROAD, NORTHBROOK, IL 60062.
CUii iS A WHOLLY OWNED SUBSIDIARY OF UTILITIES, INC. ("UI").
Date of Issue: OCTOBER 29, 2018 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 2 of 12
1. Table of Contents
Contents l. Table of Contents ...... 2
2. Scope of Work ...... 3
2.1. Existing Situation ...... 3
2.2. Project Description ...... 4
2.3. Project Duration and Timelines ...... 6
2.4. Fee Scope ...... 6
3. General Information ...... 7
3.1. Contact Information ...... 7
3.2. Questions and Clarifications ...... 7
3.3. Proposal Evaluation ...... 7
3.4. Contract Award ...... 8
3.5. Confidentiality ...... 8
4. Instructions to Consultants ...... 9
4.1. Definitions ...... 9
4.2. Proposal Submission and Due Date ...... 9
4.3. Submission Requirements ...... 9
4.4. Consultant Costs ...... 10
4.5. Duty to lnform ...... 11
5. Submittal Form ...... 12
Page 2 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 3 of 12
2. Scope of Work Community Utilities of Indiana, Inc. ("CUii" or "Utility") requests cost proposals to provide Professional Services related to the design and construction services for three items at our existing Water Treatment Plant (WTP) #1: replacement of our south iron filter, associated treatment plant replumbing, addition of SCADA controls, and replumbing of the flow path of the existing Ground Storage Tanks (GST), as described below. Tasks to include the following:
1. Design of iron filter plant improvements per the Technical Memorandum completed by Symbiont Engineering and dated October 3, 2018. 2. Permitting the design through Indiana Department of Environmental Management (IDEM) and other applicable regulatory bodies. 3. Assisting CUii with project bidding and construction oversight and management activities.
The intent of this Request for Proposal (RFP) process is to identify a successful Consultant by determining which proposal provides the best overall value to CUii.
2.1. Existing Situation The WTP #1 is located at:
9201 E 123rd Avenue Crown Point, IN 46307
As described in the Technical Memorandum, the existing South Iron Filter at WTP #1 is at the end of its service life and needs to be replaced. The new filter will require some level of replumbing, to be determined through the engineering evaluation and design requested through this RFP.
As part of the filter replacement project, we are also including replumbing of our GST and inclusion of a SCAD A control system. Our GSTs currently float off of the distribution system and are independent of the treatment plant operations. We intend to reconfigure the plant piping so that treated water flows from the filter plant to the GSTs, and then from the GSTs to the distribution system. The replumbing will likely require the addition of a new treated water main from the treatment plant to the GSTs. Replumbing will likely require the reconfiguration and potential addition of new valves, the construction of new piping into the GSTs, and the reconfiguration and potential addition of new service pumps to the GSTs and from
Page 3 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 4 of 12 the GSTs to the distribution system. The existing pumps may or may not be able to be completely repurposed to the new flow regime. New high service pumps to feed the distribution system may need to be installed. The engineering and design of these elements, and all additional required engineering, are included as part of the requested engineering design.
We are also including as part of this project a SCADA system for the WTP #1 unit processes, GSTs, and i water tower. We understand the existing electrical system is antiquated and will likely require some level of replacement in order to meet current building code requirements. I 2.2. Project Description
The following tasks and components are presented as a general framework of the services being requested to deliver as part of this RFP. Additional and/or modified scope elements might reasonably be included as part of an engineering firm's proposed efforts.
1. Project Management a. Kick-off Meeting b. General Project Management: Including monthly invoicing and project status reports, as needed conference calls, one progress meeting per month for the duration of the project during design. c. Permitting: Coordinate with IDEM and obtain concurrence on the proposed plan, other construction and local permits as required (e.g., county permits), and will include obtaining the IDEM Construction Permit and Rule 5 Permit (for erosion control). 2. Iron Treatment System Evaluation a. Provide evaluation and cost estimates for iron treatment system options (pressure vessels vs gravity) and integration with the existing system operations 3. Prepare 50% Drawings a. Prepare 50% Design Phase documents. b. Documents to include site layout drawings of the improvements as well as conceptual layouts of the following facilities: i. New iron filter configuration ii. Treatment plant re-piping iii. Piping network to/from the GST iv. System SCADA v. Flow schematic/Process & Instrumentation Diagram (P&ID) for each unit process c. Prepare and advise CUii of the Engineering Opinion of Probable Construction Cost for the design improvements d. Meeting with CUii to discuss/review 50% conceptual layout and incorporate comments. 4. Prepare 90% Design Drawings - Final Design a. Prepare 90% Design Drawings and Specifications b. Indicate the scope, extent, and character of the Work to be performed and furnished by Contractor. c. Update and revise the Engineering Opinion of Probable Construction Cost based on the 90% design and advise CUii of updated cost. Preliminary Design cost estimates for CUii's reference. d. Schedule and conduct a 90% Design Review meeting with CUii. This meeting will include a presentation and discussion of the 90% Drawings, Specifications, and Engineering Opinion of Probable Construction Cost. e. Prepare and submit to CUii, along with 90% Design. applicable permits for CUii signature, including, but not limited to: i. IDEM Construction Permit Application, (permit fee responsibility will be CUii)
Page 4 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 5 of 12
ii. Erosion Control Permit Application, (permit fee responsibility will be CUii) iii. Lake County Building Permit Application (if applicable), (permit fee responsibility will be CUii) f. After conclusion of the Final Design Review Meeting and CUii review, Engineer will submit, on behalf of CUii, the IDEM Construction Permit and Erosion Control Permit Applications. 5. Prepare 100% Design Bid Documents a. Engineer will revise and finish the 90% Design Drawings and Specifications in accordance with comments and instructions from CUii, as appropriate, and submit final copies of 100% Design Bid Documents, and a revised Opinion of Probable Construction Cost. b. Conduct a Final Design review meeting with CUii. c. Engineer shall address regulator questions within the 100% Design Bid Documents phase of work. 6. Bidding Phase a. Prepare the documents, plans, and specifications for invitation to bid to prequalified construction firms (bids will not be open to the general public). b. Provide Contractor ability to obtain either printed and/or electronic sets of the contract documents (e.g., Plans and Specifications). c. Prepare a list of qualified construction firms for potential bid and engage with CUii staff to refine approved list. i. Check, compile, and review references of qualified firms ii. Invite to bid qualified firms d. Conduct a Pre-Bid meeting for all Contractors and Suppliers where the project and contractual requirements are presented, and Contractor/Supplier questions are accepted and discussed. e. Address bidding contractor's questions (which will be accepted from date of first release of RFP until 7-days prior to date of bid opening) and assemble and disseminate to all plan holders any addendums that may be necessitated over the course of the bidding process. f. Review and verify bids meet bidding requirements. Document all necessary and required materials are present within individual contractor bids. g. Provide CUii tabulation and recommendation of recommended and unrecommended construction bids. CUii will be consulted throughout this process to assure acceptability of subcontractors, suppliers, and other individuals and entities proposed by the recommended bidders. h. Coordinate bid opening meeting. 7. Construction phase (assume budgetary amounts on the premise of a four (4) months construction period) a. Develop and include a change order process defining who can approve and how the process should occur. b. Accept and track orders for project plans and specifications c. Contract Administration i. Assist CUii with preparation of contract documents and execution of the construction agreement. ii. Conduct pre-construction meeting iii. Review the following: 1. Contractor's schedule 2. Change orders 3. Pay requests iv, Preparing substantial and final completion documents v. Preparing record drawings (electronic digital files), and project closeout d. Clarifications and Interpretations; Requests For Information (RFls) i. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. e. On-Site Construction Meetings/Engineer Site Visits
Page 5 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 6 of 12
i. Engineer shall visit the site weekly while there is active construction to assist CUii in determining project status, anticipated future work schedule, and Contractor's overall conformance with the Contract Documents. ii. Engineer will hold on-site construction meetings on the same date as the Engineer's Site Visits. f. Shop Drawings and Samples i. Review and approve Shop Drawings and Samples and other data which Contractor is required to submit for conformance with the information given in ·the Contract Documents and compatibility with the design concept of the Project. 8. Operation and Maintenance (O&M) Manual a. Consultant shall generate and deliver a comprehensive O&M manual via print and electronic versions b. The O&M manual will focus on equipment start-up and ongoing operational procedures for the new and modified treatment processes. c. Graphics depicting process flow and component layouts are to be included. d. The manual will consist of materials organized and combined with information from equipment manufacturers, vendors, and engineers. Manual will include and incorporate the operation portion of the manual, and will include (but not be limited to) operational parameters such as recommended loading, backwashing, media evaluation and replacement, strainer evaluation and replacement, and so forth, will include, as necessary, any formulas to calculate these values. e. Final O&M manual revisions will be completed after all contractor post start-up training and efforts have been completed.
2.3. Project Duration and Timelines We anticipate that Notice to Proceed (NTP) will be given to the selected firm within two weeks of the submission deadline. The 50% and 90% deadlines will be 3 months each thereafter, unless proposed otherwise by the firm.
2.4. Fee Scope Please provide detailed fee proposal, per the requirements described in Section 4.3 below.
Please include assumptions of ability to handle the following scenarios (as additional time and materials costs to the design/construction fees): environmental hazard remediation, wetland investigations, or coordination with Lake County Plan Commission regarding drainage easements.
Page 6 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 7 of 12
3. General Information
3.1. Contact Information
Primary Contact: Sean Carbonaro, P.E., Project Manager Email Address: [email protected] Phone Number: c) 224-287-3048
Secondary Contact: Loren Grosvenor, CUii Area Manager Email Address: [email protected] Phone Number: c) 815-509-0317
3.2. Questions and Clarifications Consultants are responsible for satisfying themselves as to the requirements of this RFP. All questions or requests for clarification must be directed in writing to the primary contact person identified above. Consultants should include the RFP name in the email subject line. While a site visit is not required, bidders are encouraged to contact CUii to schedule a site visit to fully review the existing conditions.
Inquiries will be received until the time indicated in Section 4.2 below. If determined necessary, CUii will issue an addendum and circulate responses to all Consultants.
3.3. Proposal Evaluation
3.3.1 Prequalification CUii follows a prequalification procedure, whereby we invite Proposals from qualified Consultants. Consultants must meet our prequalification standards in order to have their Proposals fully considered.
3.3.2 Proposal evaluation After the Closing Time, CUii will review and evaluate all Proposals received in accordance with the submission requirements of this RFP. Proposals will not be opened publicly. Proposals will be evaluated based on the overall best value to CUii.
3.3.3 Proposal response At any time after the Closing Time and before award of the Contract, CUii has in its sole discretion, the right:
a. to invite some or all the of the Consultants to appear before CUii; b. to request any additional information, details or materials from a Consultant that CUii requires to satisfy itself that the Consultant will be able to carry out the Work; and/or c. to negotiate changes to the scope of Work or any other condition with any one or more of the Consultants without having any duty or obligation to advise any other Consultant. Utility shall have no liability to any Consultant because of such negotiations or modifications.
3.3.4 Proposal acceptance and rejection Notwithstanding any other provision of the RFP, CUii has in its sole discretion, the right to:
a. accept or reject any Proposal; b. reject all Proposals; c. accept a Proposal that is not the lowest fee Proposal;
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d. accept a Proposal that deviates from the requirements of this RFP; e. reject a Proposal even if it is the only Proposal received by CUii; f. accept all or any part of a Proposal; and g. split the requirements of the RFP between one or more Consultants and negotiate contract terms and fees with the selected Consultants
CUii may elect to disqualify any Proposal which fails to meet any of the requirements of this RFP. However, CUii in its sole discretion may waive any non-compliance with this RFP and may elect to retain for consideration Proposal which are non-conforming, which do not, for example, contain the content or form required by the RFP, or which have not complied with the process for submission set out herein.
3.4. Contract Award The Contract is awarded when an authorized representative of CUii notifies the selected Consultant via email of its acceptance of its Proposal, including any mutually agreed modifications, clarifications or negotiated changes (if any).
Failure of the selected Consultant to execute and deliver the Contract, together with any such other documents as is required by the RFP or the Contract, within the timeline noted above, will be considered just cause for canceling the award. CUii may then commence discussions with one or more of the other Consultants.
The RFP and the submission of a Proposal do not, nor does the RFP process in and of itself, or the selection or notification of a Consultant, create a legally binding contract. It is only upon the award and execution of the Contract by an authorized representative of CUii that CUii and selected Consultant become legally bound to the other to perform the obligations under such Contract.
3.5. Confidentiality
All information provided by or obtained from CUii in any form about the RFP process, including information about CUii and its business activities, is the sole property of CUii and must be treated as confidential. Such information is not to be used for any purpose other than enabling each Consultant to submit a Proposal. It must not be copied, disclosed, or released without prior written approval from CUii and shall be returned by Consultants to CUii promptly upon the request from CUii. Each Consultant agrees that this obligation of confidentiality will survive the termination of the RFP process and/or the Contract.
Page 8 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 9 of 12
4. Instructions to Consultants
4.1. Definitions
In this Invitation to submit a Proposal:
a. "Consultant" means the individual, partnership, corporation or combination thereof, including joint ventures, providing or submitting a cost proposal in response to this RFP. b. "Contract" means the contract to be executed between CUii and the Successful Consultant that will govern the Work. c. "RFP" means this document, including all addenda issued by CUii. d. "Successful Consultant" means the Consultant that enters into the Contract with CUii. e. "Work" means the scope of services to be provided by the Successful Consultant to CUii pursuant to the Contract. Such services are described in Section 2 of this RFP.
4.2. Proposal Submission and Due Date
Email for delivery: [email protected]
Attention: Sean Carbonaro
Due date: Wednesday, November 21, 2018
Closing time: 6:oo pm (Central Time)
Questions will be received at the above email address until seven (7) days before the due date, at 9pm (Central Time). CUii staff will reply to written questions to the extent possible.
4.3. Submission Requirements
Please include the following documents, in order, saved together as one single RFP document.
4.3.1 Timing Proposals will be received up until the Closing Time. It is solely the responsibility of the Consultant to ensure that their Proposal is received by the Closing Time. Proposals received after the Closing Time may not be accepted and may be returned to the Consultant unopened.
4.3.2 Proposal information Proposals should include the following information:
1. Experience and track record with similar work 2. Experience with private utility companies and/or small municipal systems and/or experience with Utilities, Inc. 3. Proximity of bidder's offices to CUii's utility systems at Twin Lakes 4. Project Approach and Understanding 5. Technical Proposal and Engineering Fee a. Unit and equipment costs as relevant b. Total labor hours, per task or phase as appropriate
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c. Organization chart d. Rate schedule per job classification e. Clearly denote excluded items, such as permits, specialty parts, and similar good and services, which are NOT part of your proposal.
As necessary, please include project understanding, tasks, team/resumes, roles, timeline{s), and other details. Only include those resumes of personnel who will be substantially involved with performing the project tasks. If similar projects in the Illinois/Indiana area have been completed or are in construction, please also provide those.
Proposals shall be emailed as one complete PDF file containing all proposal elements and should be written in a format appropriate to describe the overall proposal.
4.3.3 Submittal form Attached as Section 5 to this RFP.
4.3.4 Legal signing authority Proposals shall be executed by an officer or employee having authority to bind the Consultant to the terms and conditions of this RFP and the Contract.
4.3.5 Exceptions Each Consultant must clearly state in their Proposal any proposed exceptions it may have to the requirements of this RFP. For each proposed exception, Consultant shall outline the applicable document, section, the reason for the exception, and specific alternate wording. CUii will, in its sole discretion, determine what constitutes an acceptable exception. Any exceptions that are not acceptable to CUii may be cause for rejection of the Consultant's Proposal. If no exceptions are indicated in the Proposal, CUii will be entitled to interpret that the Consultant offers to perform the Work in full compliance with the requirements of this RFP.
4.3.6 Ownership of proposal submissions Proposals submitted to CUii in response to this RFP will become the sole property of CUii. Consultant should anticipate that their proposal submissions will be used to support utility costs and expenses to the applicable State Utility Commission{s) and will thus be available for public viewing and review. At no time should Consultant expect or request "trade secrecy" or similar protections for intellectual content.
4.3. 7 Withdraw of proposal Proposals may be withdrawn by written notice only, provided such notice is received prior to the Closing Time by the designated email addresses. A Consultant who has withdrawn their proposal may submit a new proposal, but only in accordance with the terms and conditions of this RFP.
4.4. Consultant Costs All costs associated with the preparation and submission of a Proposal, including any costs incurred after the Closing Time, will be borne solely by the Consultant. By submitting a Proposal, each Consultant is acknowledging and agreeing that CUii will not be responsible in any way for any costs, expenses, losses, damages (including damages for loss of anticipated profit), or liabilities whatsoever incurred or suffered by the Consultant as a result of submitting its Proposal, taking part in meetings, or otherwise in any way
Page 10 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page 11 of 12 connected with this RFP, including CUii's acceptance or non-acceptance of any Proposal or any contract award not made in accordance with the express or implied terms of this RFP.
4.5. Duty to Inform 4.5.1 Limitations on information provided It is the sole responsibility of each Consultant before submitting a Proposal to examine, inspect, and fully inform itself as to all aspects of the Work under the Contract including the requirements set out in the RFP. CUii makes neither representation nor warranty in relation to any information supplied about this RFP, its adequacy, accuracy or suitability for any purpose. By submitting a Proposal, Consultant acknowledges and understands that CUii is not liable for any loss or damage arising from the use of the information, however caused.
4.5.2 Understanding of site conditions By submitting a Proposal, each Consultant will be deemed to have satisfied itself as to all matters relative to the location of the Work, including, without limitation, the form and nature of the location of the Work, details and levels of existing Work, the quantities and nature of the Work and materia Is necessary for the completion of the Work, the means of access to the site, and in general to have itself obtained all necessary information as to risks, and other climatic, geological, hydrological and natural conditions or such other contingencies which may influence or affect a Consultant's Proposal. No claim arising from Consultant's failure to adequately inspect and examine the location of the Work will be considered.
4.5.3 Amendments or cancellation by CUii. CUii may in its discretion at any time and for whatever reason:
a. Clarify, modify, amend or otherwise change the RFP by issuing a written addendum. Addenda issued by CUii will form an integral part of the RFP. b. Alter or cancel the RFP process by issuing a written notice to Consultants.
Page 11 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-2 Page12of12
5. Submittal Form Project Name: Twin Lakes WTP # 1-South Iron Filter Replacement and Distribution Improvements
From (Consultant): Full Legal Name of Consultant
Street Address
City/Town, State, Zip Code
Contact Name, Number and Email Address
l. CONSULTANT ACKNOWLEDGES THAT IT HAS RECEIVED THE FOLLOWING ADDENDA AND PREPARED ITS PROPOSAL IN ACCORDANCE WITH THEM:
Addendum ___ Dated
Addendum Dated
2. CONSULTANT ACKNOWLEDGES THAT ITS PROPOSAL COMPRISES ALL OF THE DOCUMENTS SUBMITTED WITH THIS BID FORM, INCLUDING THE DELIVERABLES DESCRIBED UNDER SECTION 4, INSTRUCTIONS TO CONSULTANTS.
3. BIDDER DECLARES AND AGREES: (a) that its Proposal constitutes a legally valid and binding offer made by the Consultant to CUii and shall be irrevocable and remain open for acceptance by CUii at any time on or before 4 p.m. (CST) on the 90th day after the Closing Time; (b) that it possesses the experience, knowledge, and skill to carry out the Work in an effective, efficient and good and workmanlike manner all in accordance with the requirements of the RFP and the Contract; (c) that the Consultant has examined and satisfied itself as to the nature and location of the Work, quality of materials to be used and all other matters which may in any way affect the Work under the Contract; (d) that, except as stated in its Proposal, it has no exceptions to the RFP; and (e) that it has arrived at this Proposal without collusion with any competitor.
Signed and submitted this ___ day of ______~ 2018, by:
Name & Title(s) of Authorized Signing Officer Name of Witness
Signature of Authorized Signing Officer Signature of Witness
Page 12 of 12 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-3 Page 1 of 2
Memorandum
Date: January 29, 2019 To: File From: Sean Carbonaro, P.E. Subject: Twin Lakes Water Treatment Plant #1 Improvements Engineering Firm Selection Process
The following is a summary of the process used by Community Utilities of Indiana (CUii) to select an engineering firm for the Twin Lakes Water Treatment Plant #1 Improvements project.
REQUEST FOR PROPOSAL DEVELOPMENT A Request for Proposals (RFP) document was developed by CUii staff generally following the Technical Memorandum prepared by Symbiont Engineers. The RFP defined the scope of work expected from the selected engineering firm, including design of the water treatment plant improvements, permitting through Indiana Department of Environmental Management (IDEM) and other applicable regulatory bodies, and assisting with bidding and construction phase services. No addendums were issued. The RFP was sent to pre-qualified engineering firms on October 29, 2018. The pre-qualified engineering firms included those that have previously worked with CUii or have a reputation for completing similar projects. A total of five engineering firms were invited (Commonwealth; Baxter & Woodman; Lockwood, Andrews & Newnam; RHMG Engineers; and Carollo Engineers). The due date for proposals was November 21, 2018.
PROPOSAL RESPONSES Three proposals were received and two engineering firms declined. RHMG declined, stating that they intended to focus on the Collection System Improvements proposal. Carollo Engineers declined, but did not provide an explanation. Complete proposals were received from Commonwealth; Baxter & Woodman; and Lockwood, Andrews & Newnam (LAN).
PROPOSAL EVALUATION PROCESS CUii generally followed a Qualifications-Based Selection (QBS) process for evaluation of the proposals. The intent of the evaluation process is to select the engineering firm that provides the best overall value to all parties, including customers. The technical ability and approach of the engineering firm is heavily weighted because the services provided by the engineering firm will affect both the construction and long term operation of the facility. CUii held a workshop with key staff to determine the critical evaluation criteria. After the critical evaluation criteria were developed, a relative weight was assigned to each criteria. The evaluation criteria worksheet is attached. Each reviewer would then provide a rating for each criteria. The rating would then be multiplied by the weight for a score for that criteria. The sum of the score for each criteria would be added to provide a grand total. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-3 Page 2 of 2
PRELIMINARY PROPOSAL REVIEW Key staff from CUii reviewed the proposals and met to discuss the merits of each proposal and develop a short-list. The three proposals received coincided with the three engineering firms invited for interviews for the Wastewater Treatment Plant Expansion project. Therefore, CUii staff had the opportunity to meet with the key staff proposed on both projects. Note that the 'References, facility tours' category was only intended to be used if additional evaluation of the short-list was needed. The scoring is provided as an attachment to this memorandum. Baxter & Woodman were the highest preliminary scores at 633 and 597, respectively. Commonwealth had a preliminary score of 543. Baxter & Woodman and LAN were selected for the short-list as the most qualified of the proposals received.
REFERENCE CHECKSHul CUii contacted the provided references for LAN and Baxter & Woodman. Following the reference checks, CUii staff assigned scores for the 'References, facility tours' category.
CONCLUSION OF EVALUATION PROCESS The final total scores (sum of all reviewer's scores) for each engineering firm is summarized below:
Engineer Total score Baxter & Woodman 653 Commonwealth 543 Lockwood, Andrews & Newnam 710
While LAN's cost proposal was marginally higher than Baxter & Woodman's, CUii staff determined that LAN's qualifications for this project were significantly greater. LAN's proposal was thorough and provided examples of similar projects the firm has performed. The lead engineer for LAN completed the North side filter installation at Water Treatment Plant #1 approximately 12 years ago and is familiar with the facility. Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum 1ana~~~~~
To: Sean Carbonaro, PE Community Utilities of Indiana, Inc.
From: Jeremy N. Nakashima, PE Lockwood, Andrews and Newnam, Inc.
DATE: May 14, 2019
SUBJECT: Twin Lakes Water Treatment Plant #1: South Iron Filter Replacement and Distribution Improvements Filter Evaluation Technical Memorandum
Page 1 of 7 Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum 1ana~~;~~
Page 2 of 7 Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum agna~~;~~
I I I
Table 1: Well Pump Performance Data
Original Current1 Present Conditions2 Reduction in Flow Well pump Flow (gpm) TDH (ft) Flow (gpm) TDH (ft) Flow (gpm) TDH (ft) at Rated TDH Well Pump 3 85 200 75 200 105 96 -12% Well Pump4 270 150 250 150 370 98 -7% Well Pump 6 150 150 so 150 115 84 -67% Well Pump 7 250 175 N/A3 175 230 90 -100% Well Pump 11 150 185 150 185 225 92 0% i Total Well Capacity 1045 gpm ------~------1 Wei I Pump test data from 2016 and 2017 used to develop estimated pump curves
, 2 Approximate values based on present well and gravity filter elevations and headloss conditions assuming no
1valvethrottling . ______:3 Well Pump 7 can no longer operate at original rated head
Model results indicate that the well pumps provide sufficient pressure while meeting full plant capacity of 700 gpm to push water through a pressure filter and fill the existing GSTs. Due to the additional head required to push flow through the pressure filter and fill the GST, well pump capacities for the pressure filter alternative are significantly reduced, as shown in Table 2. Additional infrastructure, such as a clearwell and low lift pumps, would not be required for the pressure filter alternative. Hydraulic grade line (HGL) plots are included in Appendix A.
Table 2: Well Pump Performance Data with Pressure Filter
With Pressure Filter1 Well pump Flow (gpm) TDH (ft) Well Pump 3 100 127 Well Pump 4 300 120 Well Pump 6 90 123 Well Pump 7 160 129 Well Pump 11 200 115 Total Well Capacity 850 gpm 1Assumes 10 PSI headloss across pressure filter and GSTat maximum level of 24 feet >····--
3.0 FILTER ALTERNATIVE EVALUATION LAN evaluated three alternatives for the replacement of the existing South package iron removal gravity filter unit: vertical pressure filters, horizontal pressure filters, and in-kind replacement of the package iron removal gravity filter unit. Evaluation criteria and considerations included:
Page 3 of 7 Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum 1ana~~~~
• Size o The existing building space allows for filters 16 feet wide by 16 feet high by 10 feet tall (16' x 16' x 10') without building modifications. • Water Quality Implications o Oxidation methods other than aeration can have adverse effects on the water quality in the distribution system (e.g. chlorine oxidation could lead to DBP formation). • Operational Concerns o Additional flow control appurtenances are needed if dissimilar filters are installed. o Costs for oxidation of soluble iron (chemical vs. aeration) o Backwash volume
3.1 Pressure Filters Pressure filters utilize pumps to force water through filtration media while gravity filters rely on the driving force of gravity to draw water through the filter media. This increased pressure differential may allow pressure filters to treat water at a higher filtration rate (gallons per minute per square foot [gpm/SF] of filter surface area), potentially treating more water in the same footprint. The 10 State Standards (adopted by the Indiana Department of Environmental Management, IDEM) allow a maximum filtration rate of 4 gpm/SF for pressure filters. Higher filtration rates may be permitted if supported by pilot test results.
Pressure filters require the addition of a chemical oxidant, such as chlorine, to oxidize soluble iron to an iron oxide solid particulate that can be removed by filters. Chlorine concentrations of up to 10 mg/L may be needed to oxidize the soluble iron in the raw water, increasing disinfectant byproduct (DBP) formation potential, as well as operating costs. The presence of chlorine in the pressure filter also inhibits beneficial biological treatment from occurring in the filter, which could lead to increased biological oxygen demand (BOD), ammonia, and turbidity in the filter effluent.
With the pressure filter alternative, CUii would like to keep the existing North gravity filter serviceable for redundancy. This poses some hydraulic and operational challenges, as the North Filter cannot remain idle indefinitely until called to run in an emergency. The North Filter would need to be operated regularly, if not continuously, along with the pressure filters to maintain serviceability and prevent unwanted bacterial growth from occurring. To keep the existing gravity filter operational, plant staff would need to exercise the gravity filter twice weekly (at a minimum) by either idling the proposed pressure filter or splitting flow between the pressure and gravity filters. Additional flow control instrumentation and equipment would be needed to regulate flow between the two filters.
Three vertical pressure filters (Tonka VertiCell, WesTech FPV12W, and Water Surplus OxiPlus 75) and two horizontal pressure filters (Tonka OptaCell Plus and WesTech Model FPV12W) were evaluated. Both Tonka and both WesTech models would require building modifications/expansion as the filter arrangement does not fit into the existing footprint. These options were not considered further.
The Water Surplus OxiPlus 75 is the only pressure filter evaluated that fits within the existing building space. However, the Water Surplus model has a high backwash rate of 400 gpm/SF, and would need to have a pilot test performed to support a filtration rate of 7.4 gpm/SF for IDEM approval. The advantages and disadvantages of pressure filters are summarized below.
Page 4 of 7 Community Utilities of Indiana, Inc. Iron Filter Preapproval a~fi;-AridWliJ8C ~tiEs,lnc: Iron Filter Selection Technical Memorandum ISln ~~~~'!~r~!J5
Figure 3: Vertical Pressure Filter
Figure 4: Horizontal Pressure Filter
Advantages • Higher flow rate, if supported by pilot study results • Existing well pumps can be used to pump through pressure filters and fill GSTs
D isa dva ntages • Only one manufacturer evaluated can meet space requirements • High backwash rate requirement of 400 gpm/SF • Operating both the North gravity filter and new pressure filters complicates plant hydraulics and operations • Proposed filtration rate of 7.4 gpm/SF would require pilot testing and approval by IDEM
Page 5 of7 Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum lftna~=~~ A LEO A DA.LY COMPANY
3.2 Gravity Filters Gravity filters rely on the driving force of gravity to draw water through the filter media. 10 State Standards typically allow gravity filters to be designed for a filtration rate between 2 to 4 gpm/SF. The existing package iron filtration units consist of aeration, detention, and filtration in a single, stacked configuration. Use of aeration and detention eliminates the need for chlorine addition as an oxidizing chemical. In addition to eliminating chemical costs, DPB formation potential is reduced and allows for the beneficial biological treatment to occur to reduce BOD, ammonia, and turbidity in the effluent. As the well pumps have a free discharge to the aerator unit at the top, the pressure of the gravity filter effluent is insufficient to transfer filtered water to the GSTs. Thus, low lift pumps will be required to transfer treated water to the GSTs.
The two gravity filters considered, the Tonka Dualator VI and the WesTech Aeralater Type II (formerly Siemens/General Filter), are similar in size to the existing unit and would not require building modifications. Both filters can be outfitted with an internal control valve or have their height modified to match the north filter, preventing overflow. Both have filtration rates less than 4 gpm/SF with one cell out of service, which is within IDEM standards and would not require a pilot study for approval. The advantages and disadvantages of gravity filters are summarized below.
Figure 5: Gravity Filter Advantages • Multiple manufacturers available • Lower backwash flow requirements than pressure filters, similar to existing system • Filtration rate is within IDEM standard ranges, no pilot study required • Fits within existing footprint, no building modifications required • Replacement with in-kind equipment; operator familiarity • No change in chemical costs from current operations
Disadvantages • Lower flow rate than pressure filters • Requires additional low lift pumps to fill GSTs
Page 6 of 7 Community Utilities of Indiana, Inc. Iron Filter Preap roval Iron Filter Selection Technical Memorandum li1/m:i~:1~18i'flt
4.0 RECOMMENDATIONS While it may be possible to utilize pressure filters, the added complexity of operating two styles of filters (gravity and pressure), as well as the higher chemical costs associated with pressure filters, would negate any potential savings in capital, if any. Therefore, due to its simpler plant hydraulics, lower chemical consumption, and operator familiarity, LAN recommends replacing the existing South Filter in kind with a similar package iron removal gravity filtratlon unit.
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Appendix A: Model Data Community Utilities of Indiana, Inc. Iron Filter Preapproval Iron Filter Selection Technical Memorandum 1anu~~~vauc15 ""' A DA~~-f!.--R!
Pump Curves
Well 3 Pump Curve 275 250 225 200 175 .:;:::: 150 :::r: o 125 Pump Data I- 100 ~ Model Data
75 -- Pump Curve so 25 0 0 25 50 75 100 125 Flow (gpm)
Well 4 Pump Curve 200
175
150
125 ...... :;:;- :; 100 Pump Data 0 I- ~ Model Data 75 -· Pump Curve 50
25
0 0 50 100 150 200 250 300 Flow (gpm) Community Utilities of Indiana, Inc. Iron Filter Preapproval
Iron Filter Selection Technical Memorandum 1anllaaRllll8ob8,~IC&N!!""a!l?.a.llM:~tQof 15 A LEO A. D,\lY·¥tMl'.\N>
Well 6 Pump Curve 175
150
125
Z-100 "'- I 0 Pump Data 1-· 75 is Mode[ Data
50 - Pump Curve
25
0 0 25 so 75 100 125 150 175 Flow (gprn)
Well 7 Pun1p Curve 175
150
125
.._Z 100 I i Pump Data 0 !- 75 ~ Mode! Data
·--- Pump Curve 50
25
0 0 100 200 300 400 Flow (gpm) Community Utilities of Indiana, Inc. Iron Filter Preapproval
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670 1- Well 4 Water Table 650 0 so 100 150 200 250 300 350 400 450 500 Distance (FT) Community Utilities of Indiana, Inc. Iron Filter Preapproval A~!ill~LIC l/TUtllitles, Inc: Iron Filter Selection Technical Memorandum lln &Newnll11£'11'1e 13 of 15 .,~~•m "un A n..,1v c:m,1r""'"
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Iron Filter Preapproval Iron Filter Selection Technical Memorandum 1anc~~~~ Model Elevations Elevation (ft) Elevation (ft) Elevation (ft) Record Product Modeled Element {1991Survey)* ( Google Earth) {2019 Survey) Well Pump Data Drawings Information Elevation (ft) Well 3 Water Table - -- 55.07' below ground - - 686.93 Well Pump3 - 742 - - -- 742 Well 3 Meter 101 742 - - - - 742 Well 3JCTWell 7 111.5 752 751 - - - 751 Well 7 Water Table - - - 59.82' below ground - - 692.93 Well Pump 7 112 753 752.75 - - - 752.75 Well 7 Meter 112 753 752.75 - -- 752.75 Well 11 Water Table - - - 56.81' below ground - - 690.57 Well Pump 11 107 748 747.38 - - - 747.38 Well 11 Meter 107 748 747.38 - - - 747.38 Well 4 Water Table - - - 56.67' below ground - - 684.33 Well Pump4 101 743 741 - - - 741 Well 4Meter 101 743 741 - -- 741 Wells 3, 4, 7, & llJCT 100.5 743 740.5 - - - 740.5 Well 6 Water Table - - - 42.65' below ground -- 697.35 Well Pump6 - 740 - - - - 740 Well 6Meter - 740 - - - - 740 Filter Building FF 101.9 - - - - - 742 Well Header - - - - 3. 7' above FF - 745.7 Pressure Filter Influent - - - - - 10' above FF 752 Pressure Filter Effluent - - - - 1' above FF - 743 GST (ground) 106 748 745 - -- 745 GST(top) - - - - 24' above FF - 769 *Local Datum Petitioner's Attachment SC-5 (Cocentric SCADA System Assessment) CONFIDENTIAL Attachment In Its Entirety Not Reproduced Herein Petitioner's Attachment SC-6 (Engineering Plan Sheets) CONFIDENT IAL Attachment In Its Entirety Not Reproduced Herein Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 1 of 174 PROJECT MANUAL COMMUNITY UTILITIES OF INDIANA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS VOLUME 1 OF 1 Divisions 00 through 16 November 19th , 2019 Lockwood, Andrews & Newnam 1 Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 2 of 174 LEFT BLANK INTENTIONALLY Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page 3 of 174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX DOCUMENT 00010 TABLE OF CONTENTS Document Title Number of Pages INTRODUCTORY INFORMATION 00010 Table of Contents...... 6 00020 Bid Advertisement ...... 2 BIDDER REQUIREMENTS INSTRUCTIONS TO BIDDERS 00200 Instructions to Bidders...... 8 BID FORM AND SUPPLEMENTS 00410 Bid Form...... 6 00430 Bid Bond...... 4 CONTRACTING REQUIREMENTS AGREEMENT 00510 Notice of Award...... 2 00520 Agreement...... 8 00550 Notice to Proceed ...... 2 BONDS, CERTIFICATES AND FORMS 00610 Performance Bond...... 4 00615 Payment Bond ...... 00625 Certificate of Substantial Completion...... 2 GENERAL CONDITIONS 00700 General Conditions ...... 66 SUPPLEMENTARY CONDITIONS 00800 Supplementary Conditions of the Construction Contract...... 10 TABLE OF CONTENTS 00010-1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page4of174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX Document Title Number of Pages TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work ...... 01051 Construction Staking by Contractor...... 2 01091 Abbreviations and Symbols...... 6 01295 Schedule of Values...... 4 01325 Construction Schedules...... 2 01330 Submittal Procedures...... 4 01340 Shop Drawings, Product Data and Samples ...... 01380 Quality Control...... 4 01400 Reference Standards...... 8 01440 Contractor Quality Control...... 2 01455 Testing Laboratory Services...... 4 01500 Construction Facilities and Temporary Controls...... 4 01504 Soil Erosion and Sedimentation Control...... 4 01600 Materials and Equipment...... 6 01655 Starting of Systems ...... 6 01661 Instruction of Operation and Maintenance Personnel...... 4 01730 Cutting and Patching...... 4 01740 Cleaning and Adjusting...... 4 01750 Waste Material Disposal...... 2 01770 Closeout Procedures...... 4 01781 Project Record Documents...... 2 01785 Warranties and Bonds...... 2 01790 Spare Parts and Maintenance Materials ...... 2 01795 Post Final Inspection...... 2 01800 Operations and Maintenance Data...... 4 DIVISION 2 - SITE WORK 02060 Demolition...... 2 02085 Valve Boxes, Meter Boxes, and Meter Vaults...... 6 02086 Adjusting Manholes, Inlets, and Valve Boxes to Grade ...... 2 02110 Site Clearing ...... 2 02112 Erosion Control and Rip rap...... 4 02211 Rough Grading...... 2 02221 Removing Existing Pavements and Structures...... 2 02223 Earthwork...... 6 02235 Aggregate Base...... 2 02240 Dewatering and Drainage of Excavation...... 4 02315 Excavation, Trenching, and Backfilling for Utilities...... 6 02317 Structural Excavation, Fill and Backfill ...... 8 02320 Trench Safety Systems...... 4 02370 Geotextile...... 2 02510 HMA Paving...... 4 02511 Waterlines...... 10 TABLE OF CONTENTS 00010-2 Community Utilities of Indiana. Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page 5 of 174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX Doc. No. Document Title Number of Pages 02515 Hydrostatic Testing of Pipelines...... 2 02516 Cut, Plug, and Abandonment of Water Lines...... 2 02528 Polyethylene Encasement/Wrap...... 8 02541 Chemical Piping...... 6 02542 Chemical Piping Valves...... 4 02607 Precast Manholes and Covers ...... 4 02675 Cleaning and Disinfection of Water Piping, Equipment, and Facilities...... 4 02751 Concrete Curb and Gutter, Sidewalk and Driveways...... 4 02820 Chain Link Fencing...... 6 02912 Tree, Plant, and Hards cape Protection ...... 12 02923 Landscape Grading ...... 2 02936 Topsoiling and Seeding...... 6 DIVISION 3 - CONCRETE 03110 Concrete Formwork ...... 6 03150 Concrete Joints and Embedded Items ...... 4 03210 Concrete Reinforcement...... 2 03305 Incidental Concrete...... 2 03310 Cast-in-Place Concrete ...... 14 03360 Concrete Finishing ...... 4 03605 Nonshrink Grout ...... 4 03610 Controlled Low Strength Materials ...... 6 DIVISION 4 - MASONRY 04060 Mortaring...... 4 04080 Masonry Reinforcement and Accessories...... 4 04220 Concrete Masonry Unit ...... 12 DIVISION 5 - METALS 05120 Structural Steel ...... 6 05450 Support Framing...... 2 05500 Metal Fabrications ...... 10 05510 Miscellaneous Metals ...... 8 05550 Bolts, Anchor Bolts, Expansion Anchors and Concrete Inserts ...... 6 DIVISION 6 - WOODS AND PLASTICS 06105 Miscellaneous Rough Carpentry ...... 4 06632 Glass FRP Grating ...... 4 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07710 Roof Specialties ...... 07555 Modified Bituminous Protected Roofing Membrane...... 16 07720 Roof Accessories ...... 07920 Joint Sealants...... 10 TABLE OF CONTENTS 00010-3 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page 6 of 174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX Doc. No. Document Title Number of Pages DIVISION 8 - DOORS AND WINDOWS 08160 FRP Flush Doors and Frames for Corrosive Environment...... 6 08710 Door Hardware ...... 6 DIVISION 9 - FINISHES 09928 Protective Coating Systems ...... 20 DIVISION 11 - EQUIPMENT 11212 Peristaltic Chemical Metering Pump ...... 8 11310 Vertically Mounted End Suction Centrifugal Pump ...... 6 11320 Vertically Mounted, Horizontal Split Case Centrifugal Pump...... 8 11400 Static Mixer...... 2 11450 Reservoir Hydrodynamic Mixing System...... 12 11500 Package Iron Removal Unit...... 18 DIVISION 13 - SPECIAL CONSTRUCTION 13122 Pre Engineered Fiberglass Structure ...... 6 13400 Instrumentation and Control General Provisions ...... 18 13410 Programmable Logic Controllers (PLC) ...... 6 13412 Uninterruptible Power Supply...... 4 13413 Control Panels ...... 1O 13417 Data Networking Equipment...... 2 13420 Instrument Commissioning...... 6 13421 Primary Instrumentation Devices ...... _...... 10 13422 Instrumentation Accessories ...... 4 13423 Chlorine Analyzer...... 6 13430 System Configuration ...... 4 13440 Input Output List...... 2 DIVISION 15 - MECHANICAL 15010 Basic Mechanical Requirements ...... 20 15011 Basic Mechanical Procedures and Methods...... 14 15020 Plant Process and Yard Piping...... 6 15024 Polyvinyl Chloride Pipe (PVC Pipe)...... 6 15030 Erecting and Jointing Interior Plant Process Piping ...... 6 15032 Testing Piping Systems...... 2 15040 Butterfly Valves 3-lnch Through 72-lnch ...... 8 15043 Gate Valves ...... 4 15044 Air Valves...... 4 15045 Rate of Flow Control Valve...... 8 15050 Silent Check Valve ...... 4 15060 Equipment Bases and Supports...... 2 15105 Pipe and Pipe Fitting ...... 1O 15106 Ductile Iron Pipe and Fittings ...... 14 TABLE OF CONTENTS 00010-4 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page 7 of 174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX Doc. No. Document Title Number of Pages 15130 Swing Check Valves...... 4 15138 Electric Valve Actuators...... 6 15140 Supports and Anchors...... 10 15190 Mechanical Identification...... 2 15192 Natural Gas Piping ...... 4 15450 Emergency Plumbing Fixtures ...... 4 15546 Gas Fired Unit Heaters...... 4 DIVISION 16 - ELECTRICAL 16050 Electrical General Provisions...... 6 16051 Acceptance Testing and Calibration...... 4 16052 Identifications...... 4 16060 Grounding...... 2 16120 Insulated Conductors...... 4 16130 Raceways ...... 4 16135 Boxes...... 2 16140 Wiring Devices...... 4 16170 Metal Framing...... 2 16191 Miscellaneous Equipment...... 2 16222 AC Electric Motor...... 6 16276 Dry-Type Transformers - 600-Volt Primary and Below ...... 4 16285 Surge Protection Devices (SPD) - 600-Volt and Below...... 4 16370 Variable Frequency Drive for 480V Motors less than 100 HP...... 8 16376 Harmonic Filter System ...... 4 16410 Enclosed Safety Switches ...... 2 16442 Panel boards - Distribution and Branch Circuit ...... 4 16445 Motor Control Centers ...... 6 16490 Fuses - 600-Volt and Below...... 2 END OF DOCUMENT TABLE OF CONTENTS 00010-5 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES OF INDIANA Page 8 of 174 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PROJECT TECHNICAL SPECIFICATIONS MANUAL INDEX Document Title Number of Pages LEFT BLANK INTENTIONALLY TABLE OF CONTENTS 00010-6 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Op~[gl6fr,,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00020 ADVERTISEMENT FOR BIDS COMMUNITY UTILITIES OF INDIANA CROWN POINT, INDIANA WATER TREATMENT PLANT No. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Sealed Bids for the construction of the Water Treatment Plant No. 1 - South Filter Replacement & Distribution, will be received, from invited Bidders only, by Community Utilities of Indiana, at the office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181, until 2:00 pm local time on December 19, 2019, at which time the Bids received will be privately opened and read. The Project consists of constructing an aluminum, iron removal filter replacement (internal to the existing facility), new motor control centers, electrical/instrumentation and process control improvements, three 350 gpm low service pumps, one 500 gpm high service pump, one 50 hp motor replacement for one high service pump, addition of an 8' x 12' pre-fabricated shed with related chemical system improvements, site piping from the existing filter building to the existing ground water storage tanks, and sitework for new sidewalks, driveway, and grass restoration. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. The Issuing Office for the Bidding Documents is Lockwood, Andrews & Newnam, Inc. 1 Oakbrook Terrace, Oakbrook Terrace Illinois 60181. Specifically, the person of contact will be Jim Holzapfel; [email protected], 630-495-4123. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 7:30 am to 3:30 pm Monday Friday. Bidding Documents may also be examined online at Dodge Data and Analytics 1-800-393- 6343, (www.construction.com). Electronic or hard copies of the Bidding Documents may be obtained from the Issuing Office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181 , on Mondays through Fridays between the hours of 7:30 am to 4:30 pm. Bidding Documents may be obtained electronically as portable document format (PDF) files) format upon application at the Issuing Office during the hours indicated above free of charge (via e-mail), or on storage media for a non-refundable fee of twenty dollars ($20.00). Alternatively, printed Bidding Documents may be obtained from the Issuing Office either via in-person pick-up or via mail, upon Issuing Office's receipt of payment for the Bidding Documents. The non-refundable cost of printed Bidding Documents is $250.00 (two hundred fifty dollars) per set, payable to "Lockwood, Andrews & Newnam ", plus a non-refundable shipping charge. Upon Issuing Office's receipt of payment, printed Bidding Documents will be sent via the prospective Bidder's delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder's date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. A mandatory pre-bid conference will be held at 10:00 am to 12:00 pm local time on December 4, 2019 at the Community Utilities of Indiana, Inc., Twin Lakes Water Treatment Plant #1 at 9201 E. 123rd Street, Crown Point, IN 46307. Bid security shall be furnished in accordance with the Instructions to Bidders. Owner: Community Utilities of Indiana, 500 W. Monroe Street, Chicago, Illinois 60661 By: Mr. Sean Carbonaro, PE Title: Project Manager Date: November 19, 2019 ADVERTISEMENT FOR BIDS 00200 - Page 1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:Fa~l6VW~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS END OF ADVERTISEMENT FOR BIDS This Page Left Intentionally Blank ADVERTISEMENT FOR BIDS 00200- Page 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 11 of 174 SECTION 00200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page Article 1 - Defined Terms ...... 2 Article 2 - Copies of Bidding Documents ...... 2 Article 3 - Qualifications of Bidders ...... 2 Article 4 - Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program; Other Work at the Site ...... 2 Article 5 - Bidder's Representations ...... 3 Article 6 - Pre-Bid Conference ...... 4 Article 7 - Interpretations and Addenda ...... 4 Article 8 - Bid Security ...... 4 Article 9 - Contract Times ...... 5 Article 10 - Liquidated Damages ...... 5 Article 11 - Substitute and "Or-Equal" Items ...... 5 Article 12 - Subcontractors, Suppliers, and Others ...... 5 Article 13 - Preparation of Bid ...... 6 Article 14 - Basis of Bid ...... 6 Article 15 - Submittal of Bid ...... 7 Article 16 - Modification and Withdrawal of Bid ...... 7 Article 17 - Opening of Bids ...... 7 Article 18 - Bids to Remain Subject to Acceptance ...... 7 Article 19 - Evaluation of Bids and Award of Contract ...... 7 Article 20 - Bonds and Insurance ...... 8 Article 21 - Signing of Agreement ...... 8 Article 22 - Sales and Use Taxes ...... 8 Article 23 - Contracts to be Assigned ...... 8 INSTRUCTIONS TO BIDDERS SECTION 00200 Page 1 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 12 of 174 ARTICLE 1-DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within 10 business days of Owner's request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. References from a minimum three Owners (or Owners Representatives) of similar projects completed during the past 5 years. Contractor shall provide the project name, bid award amount, site address and contact information of the Owner or Owners Representative. B. Evidence of Bidder's authority to do business in the state where the Project is located. C. Subcontractor and Supplier qualification information; coordinate witl1 provisions of Article 12 of these Instructions, "Subcontractors, Suppliers, and Others". D. Evidence of Financial stability, (audited, yearend corporate financial statements for the past 2 years or other documentation of financial stability). 3.02 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. INSTRUCTIONS TO BIDDERS SECTION 00200 Page 2 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 13 of 174 4.02 Existing Site Conditions A. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. B. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. B. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. C. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. D. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.04 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 - BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; INSTRUCTIONS TO BIDDERS SECTION 00200 Page 3 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 14 of 174 C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; · E. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; F. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; G. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and H. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6 - PRE-BID CONFERENCE 6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7-INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent (% of Bidder's maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. INSTRUCTIONS TO BIDDERS SECTION 00200 Page 4 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 15 of 174 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 180 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 Bidder shall set forth in the Bid the time by which Bidder shall achieve Substantial Completion, subject to the restrictions established in Paragraph 14.04 of these Instructions. The Owner will take Bidder's time commitment regarding Substantial Completion into consideration during the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion within the time suc:i Bidder has designated in the Bid. The Successful Bidder's time commitments will be entered into the Agreement (or incorporated in the Agreement by reference to the specific terms of the Bid). ARTICLE 10 -LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those "or-equal" or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an "or-equal" or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of "or-equal" or substitution requests are made at Bidder's sole risk. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: mechanical, electrical, underground, and, major equipment suppliers. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or INSTRUCTIONS TO BIDDERS SECTION 00200 Page 5 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 16 of 174 other individuals or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7 .06 of the General Conditions. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words "No Bid" or "Not Applicable." 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by the corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary . The corporate address and state of incorporation shall be shown. 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership's address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of t:ie firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm's address for receiving notices shall be shown. 13.05 A Bid by an individual shall show the Bidder's name and address for receiving notices. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture's address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID 14.01 Base Bid with Alternates A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. INSTRUCTIONS TO BIDDERS SECTION 00200 Page 6 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 17 of 174 B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. ARTICLE 15-SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate bound copy of the Bid Form, and, if required, the Bid Bond Form. The bound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Community Utilities of Indiana, Inc., Attention: Mr. Sean Carbonaro, PE. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened privately. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. A. The Owner will hold bonds from the two lowest, responsible, qualified bidders. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner INSTRUCTIONS TO BIDDERS SECTION 00200 Page 7 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 18 of174 will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the Bidder submitting the lowest, responsible, qualified Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. The award may be made to said Successful Bidder on its base Bid and any combination of alternate Bids and the results of a comparative process of the Bidder's responsiveness, responsibility, and other factors set forth in these Instructions. 19.04 In evaluating whether a Bidder is responsible and qualified, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 - BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. INSTRUCTIONS TO BIDDERS SECTION 00200 Page 8 of 8 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G:fa~l~Jli¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00410 BID FORM TABLE OF CONTENTS Page Article 1 - Bid Recipient ...... 2 Article 2 - Bidder's Acknowledgements ...... 2 Article 3 - Bidder's Representations ...... 2 Article 4 - Bidder's Certification ...... 3 Article 5 - Basis of Bid ...... 3 Article 6 - Time of Completion ...... 4 Article 7 - Attachments to this Bid ...... 4 Article 8 - Defined Terms ...... 4 Article 9 - Bid Submittal ...... 5 BID FORM SECTION 00410-1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qfa~l6fflt!A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Bid Recipient 1.01 This Bid is submitted to: Community Utilities of Indiana c/o Lockwood, Andrews and Newnam, Inc. 1 Oakbrook Terrace, Suite 300 Oakbrook Terrace, IL 60181 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to ente~ into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENT AT IONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data BID FORM SECTION 00410-2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:Fa~IBfl)¼ WTP NO. 1 - SOUTH rlLTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4-BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01 .D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5 - BASIS OF BID Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum Bid Price for Base Bid and any combination of Alternates (A, B, C) noted in SECTION 5.01 Bid Price below. BID FORM SECTION 00410-3 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:Fa~IB[l,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 5.01 BID PRICE Lump Sum Bid Price for Base Bid $ Alternate A Deduct - Package Iron Removal Unit, Iron Removal $ Unit Constructed of Carbon Steel (SECTION 11500) Alternate B Deduct- Reservoir Hydrodynamic Mixing System, Polyvinyl Chloride (PVC) Pipe and Fittings in lieu of Ductile Iron $ Pipe and Fittinqs (SECTION 11450) Alternate C Deduct - Yard Piping (Buried) - Polyvinyl Chloride (PVC) Pipe (SECTION 15024) and Fittings in lieu of Ductile Iron $ Pipe and Fittinqs (SECTION 15106) Bidder to include in other Bid item(s) the other costs (if any) associated with accepting such assignment and administering the assigned contract. Total Lump Sum $ ARTICLE 6 -TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete on or before May 1, 2021 and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 301 2021. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 -ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. BID FORM SECTION 00410-4 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES GFa~IBft;JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 9-BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (if Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder's License No.: (where applicable) BID FORM SECTION 00410-5 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Gfa~lo'ff>tJA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS LEFT BLANK INTENTIONALLY BID FORM SECTION 00410-6 Community Utilities of Indiana, Inc. COMMUNITY UTit~fi~Fl:!J'iafliM'l')'~NA WTP NO. 1 - SOUTH Flt~l3tEFtlc'~NT & DISTRIBUTION IM~D\?~MENTS SECTION 00430 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: December 12, 2019 Description: COMMUNITY UTILITIES OF INDIANA - WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9201 E 123 rd Street Crown Point, Indiana 46307 BID BOND SECTION 00430 Page 1 of 4 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. COMMUNITY UTit~fj~f'(ryjafllNJ'!Yf)h.NA WTP NO. 1 - SOUTH iftt~~PtA~~NT & DISTRIBUTION IMP~t:A9~MENTS BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. BID BOND SECTION 00430 Page 2 of 4 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. COMMUNITY UTitqfj~ftryjar:JINl'D'~NA WTP NO. 1 - SOUTH Fll~~FtA~~NT & DISTRIBUTION IM~D'V~MENTS 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, c:ind shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. BID BOND SECTION 00430 Page 3 of 4 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. COMMUNITY UTI't~fj~Fcry\a~INJ'D'W>.NA WTP NO. 1 - SOUTH rflt~\te~fA'&~NT & DISTRIBUTION IMP~b~~ME'NTS BLANK PAGE BID BOND SECTION 00430 Page 4 of 4 Community Utilities of Indiana, Inc. SECTION 00510 NOTICE OF AWARD Date of Issuance: ______Owner: Community Utilities of Indiana, Inc. Owner's Contract No.: ------Engineer: Lockwood, Andrews & Newnam, Inc. Engineer's Project No.: 130-10888-000 Project: Community Utilities of Indiana, Inc. Twin Lakes WTP #1 South Iron Filter Replacement & Distribution Improvements Bidder: Bidder's Address: TO BIDDER: You are notified that Owner has accepted your Bid dated ______for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: COMMUNITY UTILITIES OF INDIANA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9201 E.123rd Street, Crown Point, IN 46307 The Contract Price of the awarded Contract is: $______Lump Sum Amount Two (2) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically. D a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner Two (2) counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Community Utilities of Indiana, Inc. Authorized Signature: By: Title: Copy: Engineer NOTICE OF AWARD SECTION 00510 1 BLANK PAGE NOTICE OF AWARD SECTION 00510 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Gfa~l6fl>t!A. WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) COMMUNITY UTILITIES OF INDIANA CROWN POINT, INDIANA WATER TREATMENT PLANT No. 1 -SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS THIS AGREEMENT is by and between Community Utilities of Indiana, Inc. ("Owner'') and ______("Contractor''). Owner and Contractor hereby agree as follows: ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Demolition and disposal of the existing 350 gpm package iron removal filter (Filter No. 2 or South Filter), installation of a replacement 350 gpm package iron removal filter, new filter air wash system with automatic filter function valves, new filter backwash controls, new pneumatic system for filter function valves, piping modifications, new Low Service Pumps (3), new High Service Pump (1), replacement of the motor of High Service Pump 2, new motor starters and/or variable frequency drives, motor control center and pane/board removal and replacement, new chemical feed equipment, including new FRP Chemical Feed Building, peristaltic pumps (4), chemical transfer pump (1 ), chemical feed lines, injection quills, static mixers (2), and chlorine analyzer and new fill line to the two (2) existing ground storage tanks and new tank mixing system. ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Twin Lakes Water Treatment Plant #1 South Iron Filter Replacement and Distribution Improvements. ARTICLE 3 - ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Lockwood, Andrews & Newnam, Inc. 3.02 The Owner has retained Lockwood, Andrews & Newnam, Inc. ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. AGREEMENT SECTION 00520 - 1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:Fa~IBft>iJA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before May 1, 2021, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 30, 2021. 4.03 Uquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $200.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of: $ ____ classifications are to be made by Engineer. B. Total of Lump Sum Amount and (and alternate(s), if approved by the OWNER) $. ____. C. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. AGREEMENT SECTION 00520 - 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QFa~IBft)JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. Ten (10) percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. Ninety (90) percent of cost of materials and equipment delivered to and on the project site, but not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to one hundred (100) percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less two hundred (200) percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 - INTEREST 7.01 All amounts not paid when payment is due, following proper submittal and review of payment application in accordance with Article 6, shall bear interest at the rate of three (3) percent per annum. ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. AGREEMENT SECTION 00520 - 3 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES GFa~IBff>i!A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 2. inclusive). 3. Payment bond (pages 4. Other bonds. a. (pages to inclusive). NOTE(S) TO USER: Such other bonds might include maintenance or warranty bonds intended to manage risk after completion of the Work. 5. General Conditions (pages Ill to ... inclusive). 6. Supplementary Conditions (pages Ill to inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of sheets with each sheet bearing the following general title: 1111 [or] the Drawings listed on the attached sheet index. 9. Addenda (numbers. to inclusive). 10. Exhibits to this Agreement (enumerated as follows): AGREEMENT SECTION 00520 - 4 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qra~l6fll,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS a. Contractor's Bid (pages to inclusive). NOTE{S} TO USER: 1. As noted in the introduction to this Agreement, in the typical case bidding related documents such as the Instructions to Bidders and Bid are not included as Contract Documents. Include Contractor's Bid as a Contract Document here only as a matter of necessity, for example if the Bid contains numerous line items and their prices, and rekeying such information would be burdensome and susceptible to error. 2. List other required attachments (if any), such as documentation submitted by Contractor prior to Notice of Award and documents required by funding or lending agencies. 3. If a Geotechnical Baseline Report or a Geotechnical Data Report is used, include them as lettered Items under Paragraph 9. 01.A.10. a. For a further discussion of GBRs and GDRs see EJCDC C-001, Commentary on the 2013 EJCDC Construction Documents. 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. NOTE(S} TO USER: If any of the items listed are not to be included as Contract Documents, remove such item from the list and renumber the remaining items. B. The documents listed in Paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no AGREEMENT SECTION 00520 - 5 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:Fa~l611"1¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of an Owner's official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. NOTE{S) TO USER: 1. Delete Paragraph 10. 06.A if inapplicable. 2. Insert other provisions here if applicable. 3. When the Contractor is required in this Contract to accept assignment of a procurement contract, previously entered into by the Owner (as "Buyer') with a manufacturer or distributor (as "Seller") for the direct purchase of goods AGREEMENT SECTION 00520 - 6 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES 0:Fa~l6ff)¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS (most commonly equipment) and related special services, insert at this location in the Agreement language regarding the assignment. For model language, refer to EJCDC® P-200 (Suggested Instructions to Bidders for Procurement Contracts), Notes to User at Article 23. For additional information on assigning a procurement contract, refer to EJCDC® P-001, Commentary on the EJCDC Procurement Documents. 4. Performance Requirements and Damages. In some cases the construction contract will contain performance requirements that must be met by the equipment, systems, or facilities constructed or furnished by Contractor. The Owner's remedies for Contractor's failure to meet the performance requirements may include rejection of the items in question; correction remedies; exercise of warranty rights; and acceptance of the underperforming items coupled with a reduction in Contract Price or imposition of damages to compensate Owner for not receiving its full contractual entitlement. Typical damages might be for reduced production or treatment, or for the costs of increased electricity or chemical consumption over the life of the equipment. On some projects the Owner and Contractor may contractually stipulate specific damages that will be owed in the event of specific levels of underperformance. It is important when drafting such provisions to clarify whether the availability of underperformance damages is meant to close off other potential remedies. Most commonly performance provisions (and any stipulated damages amounts) will be located in the Specifications. It may be useful to provide a cross-reference to such provisions here in the Agreement, or in some cases to state the stipulated damages amounts here because of their importance to the pricing of the Contract, which is one of the primary subjects of the Agreement. AGREEMENT SECTION 00520 - 7 Cor.imunity Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES GFa~l6V1¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. NOTE(S} TO USER: 1. See Article 21 of the Instructions to Bidders and correlate procedures for format and signing of the documents. 2. The Effective Date of the Contract stated above and the dates of any construction performance bond (EJCDC® C-61 O or other) and construction payment bond (EJCDC® C-615 or other) should be the same, if possible. In no case should the date of any bonds be earlier then the Effective Date of the Contract. OWNER: CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) (If Owner is a corporation, attach evidence of NOTE TO USER: Use in those states or other authority to sign. If Owner is a public body, attach jurisdictions where applicable or required. evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) AGREEMENT SECTION 00520 - 8 Community Utilities of Indiana, Inc. COMMUNITY UTl~fl"l~g''®'fl'ijl'{lfflANA WTP NO. 1 - SOUTH fft~n!iei:>1.ilMENT & DISTRIBUTION IM~O'v~rJl'ENTS SECTION 00550 NOTICE TO PROCEED Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on ______, 20__Jsee Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is May 1, 2021, and the date of readiness for final payment is July 30, 2021. Before starting any Work at the Site, Contractor must comply with the following: Obtain all permits required by the County of Lake, Indiana and other regulatory agencies as required. Owner: Authorized Signature By: Title: Date Issued: Copy: Engineer NOTICE TO PROCEED SECTION 00550 - 1 Community Utilities of Indiana, Inc. COMMUNITY U trl!:.fl"IF!§~ijf{lfflANA WTP NO. 1 - SOUTH fift~nffil)R{~ENT & DISTRIBUTION 1~~0\/~rUENTS BLANK PAGE NOTICE TO PROCEED SECTION 00550 - 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITllp~Qfl ~lililiNA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00610 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER: COMMUNITY UTILITIES OF INDIANA, INC. 500 W. Monroe Street Suite 3600 Chicago, Illinois 60661 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description: Twin Lake Water Treatment Plant #1 - South Filter Replacement & Distribution Improvements BOND Bond Number: Date: Amount: Modifications to this Bond Form: None D See Paragraph 16 ~ Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY ______(seal) ______(seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: ______By:------Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: ______Attest: ______Signature Signature Title Title PERFORMANCE BOND 00610 - 1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITllµ~Qf21ctli!i);l.f'-NA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 1. The Contractor and Surety, jointly and severally, bind 5.3 Obtain bids or negotiated proposals from qualified themselves, their heirs, executors, administrators, successors, and contractors acceptable to the Owner for a contract for assigns to the Owner for the performance of the Construction performance and completion of the Construction Contract, Contract, which is incorporated herein by reference. arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, 2. If the Contractor performs the Construction Contract, the Surety to be secured with performance and payment bonds executed and the Contractor shall have no obligation under this Bond, except by a qualified surety equivalent to the bonds issued on the when applicable to participate in a conference as provided in Construction Contract, and pay to the Owner the amount of Paragraph 3. damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 3. If there is no Owner Default under the Construction Contract, Contractor Default; or the Surety's obligation under this Bond shall arise after: 5.4 Waive its right to perform and complete, arrange for 3.1 The Owner first provides notice to the Contractor and completion, or obtain a new contractor, and with reasonable the Surety that the Owner is considering declaring a Contractor promptness under the circumstances: Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and 5.4.1 After investigation, determine the amount for Surety to discuss the Contractor's performance. If the Owner which it may be liable to the Owner and, as soon as does not request a conference, the Surety may, within five (5) practicable after the amount is determined, make payment business days after receipt of the Owner's notice, request such a to the Owner; or conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any 5.4.2 Deny liability in whole or in part and notify the conference requested under this Paragraph 3.1 shall be held Owner, citing the reasons for denial. within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety 6. If the Surety does not proceed as provided in Paragraph 5 with agree, the Contractor shall be allowed a reasonable time to reasonable promptness, the Surety shall be deemed to be in default perform the Construction Contract, but such an agreement shall on this Bond seven days after receipt of an additional written notice not waive the Owner's right, if any, subsequently to declare a from the Owner to the Surety demanding that the Surety perform its Contractor Default; obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as 3.2 The Owner declares a Contractor Default, terminates provided in Paragraph 5.4, and the Owner refuses the payment or the the Construction Contract and notifies the Surety; and Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the 3.3 The Owner has agreed to pay the Balance of the Owner. Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then Construction Contract. the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and 4. Failure on the part of the Owner to comply with the notice the responsibilities of the Owner to the Surety shall not be greater requirement in Paragraph 3.1 shall not constitute a failure to comply than those of the Owner under the Construction Contract. Subject to with a condition precedent to the Surety's obligations, or release the the commitment by the Owner to pay the Balance of the Contract Surety from its obligations, except to the extent the Surety Price, the Surety is obligated, without duplication for: demonstrates actual prejudice. 7.1 the responsibilities of the Contractor for correction of 5. When the Owner has satisfied the conditions of Paragraph 3, the defective work and completion of the Construction Contract; Surety shall promptly and at the Surety's expense take one of the following actions: 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the 5.1 Arrange for the Contractor, with the consent of the actions or failure to act of the Surety under Paragraph S; and Owner, to perform and complete the Construction Contract; 7.3 liquidated damages, or if no liquidated damages are 5.2 Undertake to perform and complete the Construction specified in the Construction Contract, actual damages caused by Contract itself, through its agents or independent contractors; delayed performance or non-performance of the Contractor. PERFORMANCE BOND 00610 - 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTl:4ib1illrn:iPll?~NDIANA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the 14.3 Contractor Default: Failure of the Contractor, which Surety's liability is limited to the amount of this Bond. has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 14.4 Owner Default: Failure of the Owner, which has not Contract, and the Balance of the Contract Price shall not be reduced been remedied or waived, to pay the Contractor as required or set off on account of any such unrelated obligations. No right of under the Construction Contract or to perform and complete or action shall accrue on this Bond to any person or entity other than comply with the other material terms of the Construction the Owner or its heirs, executors, administrators, successors, and Contract. assigns. 14.5 Contract Documents: All the documents that comprise 10. The Surety hereby waives notice of any change, including the agreement between the Owner and Contractor. changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to 11. Any proceeding, legal or equitable, under this Bond may be be Subcontractor and the term Owner shall be deemed to be instituted in any court of competent jurisdiction in the location in Contractor. which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within 16. Modifications to this Bond are as follows: two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 16.l GUARANTEES Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations PART 1 GENERAL available to sureties as a defense in the jurisdiction of the suit shall be applicable. 1.1 CONTRACTOR AND SURETY RESPONSIBILITY 12. Notice to the Surety, the Owner, or the Contractor shall be Contractor and his Surety will be held responsible to the mailed or delivered to the address shown on the page on which their Owner that all items of equipment purchased and signature appears. installed under this Contract fully meet the type, quality, design and the performance guarantees defined in the 13. When this Bond has been furnished to comply with a statutory Project Documents, and in actual operations or other legal requirement in the location where the construction was satisfactorily perform the functions for which installed. to be performed, any provision in this Bond conflicting with said Further, that the Owner may withhold final payment statutory or legal requirement shall be deemed deleted herefrom and until such performance and operation are provisions conforming to such statutory or other legal requirement demonstrated. shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a The Performance Bond shall remain in full force and common law bond. effect through the guarantee period. 14. Definitions 1.2 GUARANTEE PERIOD 14.1 Balance of the Contract Price: The total amount The Contractor guarantees that the Work and services payable by the Owner to the Contractor under the Construction to be performed under the Contract, and all Contract after all proper adjustments have been made including workmanship, materials and equipment perform, allowance for the Contractor for any amounts received or to be furnished, used or installed under the Contract shall be received by the Owner in settlement of insurance or other claims free form defects and flaws, and shall be performed and for damages to which the Contractor is entitled, reduced by all furnished in strict accordance with the Project valid and proper payments made to or on behalf of the Documents, that the strength of all parts of all Contractor under the Construction Contract. manufactured equipment shall be adequate and as specified and that the performance tests requirements 14.2 Construction Contract: The agreement between the of the Contract shall be fulfilled. This guarantee shall be Owner and Contractor identified on the cover page, including all for a period of one (1) year from the date of Substantial Contract Documents and changes made to the agreement and Completion, except as maty be required by special the Contract Documents. guarantees or prescribed by law. If the Owner takes possession of or uses any completed or partially completed part of the Work, the guarantees for that PERFORMANCE BOND 00610 - 3 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTJ!ablil~Pif?,ilNDIANA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS part of the Work shall be for a period of one (1) year equipment, material or construction is ordered and from the date of such possession or use. incorporated into the Work by the Contractor END OF SECTION 1.3 NOTIFICATION BY OWNER If at any time within the said period of guarantee, any part of the Work requires repairing, correction or replacement, the Owner may notify the Contractor in writing to make the required repairs, correction, or replacements. 1.4 CONTRACTOR'S RESPONSE The Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the project resulting from such defects. If the Contractor neglects to commence making such repairs, corrections, or replacements to the satisfaction of the Owner within three (3) days from the date of receipt of such notice, or having commenced fails to prosecute such Work with diligence, the Owner may employ other persons to make the same, and all direct and indirect costs of making said repairs, correction or replacements, including compensation for addition professional services, shall be paid for by the Contractor. 1.5 SPECIAL GUARANTEES Whenever in the Project Documents a guarantee is required to be furnished for any item of equipment, material or portion of the Work, such guarantee shall be submitted to the Engineer and a written acceptance will be issued to the Contractor before any such PERFORMANCE BOND 00610-4 cS':f/01\IJI~~ ljf0~i~ii;~~ IN DIANA WTP NO. 1 - SO.Uilibiirfi~if3!R7~8BllieCEMENT & DISTRIBUTIOOEl~l:JWEMENTS SECTION 00625 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: This [preliminary] [final] Certificate of Substantial Completion applies to: □ All Work D The following specified portions ofthe Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: D None OAs follows Amendments to Contractor's responsibilities: D None OAs follows: The following documents are attached to and made a part of this Certificate: [punch list; others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: ------By: ------By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: ------Date: ------Date: CERTIFICATE OF SUBSTANTIAL COMPLETION SECTION 00625-1 Communities of Indiana, Inc. c6'00\Wr}~ljf0~i-~~~fi INDIANA WTP NO. 1 - SOAlilil:lirfilibif~iBffillACEMENT & DISTRIBUTlbN~lffl:IRtlVEMENTS BLANK.PAGE CERTIFICATE OF SUBSTANTIAL COMPLETION SECTION 00625-2 Communities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QG~l6'ft'11A WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 - Definitions and Terminology ...... 5 1.01 Defined Terms ...... 5 1.02 Terminology ...... 8 Article 2 - Preliminary Matters ...... 9 2.01 Delivery of Bonds and Evidence of Insurance ...... 9 2.02 Copies of Documents ...... 1O 2.03 Before Starting Construction ...... 10 2.04 Preconstruction Conference; Designation of Authorized Representatives ...... 10 2.05 Initial Acceptance of Schedules ...... 10 2.06 Electronic Transmittals ...... 11 Article 3 - Documents: Intent, Requirements, Reuse ...... 11 3.01 Intent...... 11 3.02 Reference Standards ...... 11 3.03 Reporting and Resolving Discrepancies ...... 12 3.04 Requirements of the Contract Documents ...... 12 3.05 Reuse of Documents ...... 13 Article 4 - Commencement and Progress of the Work ...... 13 4.01 Commencement of Contract Times; Notice to Proceed ...... 13 4.02 Starting the Work ...... 13 4.03 Reference Points ...... 13 4.04 Progress Schedule ...... 14 4.05 Delays in Contractor's Progress ...... 14 Article 5 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ...... 15 5.01 Availability of Lands ...... 15 5.02 Use of Site and Other Areas ...... 15 5.03 Subsurface and Physical Conditions ...... 16 5.04 Differing Subsurface or Physical Conditions ...... 16 5.05 Underground Facilities ...... 18 5.06 Hazardous Environmental Conditions at Site ...... 19 Article 6 - Bonds and Insurance ...... 21 6.01 Performance, Payment, and other Bonds ...... 21 GENERAL CONDITIONS 00700 - 1 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QigiNijlo'fNA, WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 6.02 Insurance-General Provisions ...... 21 6.03 Contractor's Insurance ...... 22 6.04 Owner's Liability Insurance ...... 24 6.05 Property Insurance ...... 25 6.06 Waiver of Rights ...... 26 6.07 Receipt and Application of Property Insurance Proceeds ...... 27 Article 7 - Contractor's Responsibilities ...... 27 7.01 Supervision and Superintendence ...... 27 7.02 Labor; Working Hours ...... 28 7.03 Services, Materials, and Equipment ...... 28 7.04 "Or Equals" ...... 28 7.05 Substitutes ...... 29 7.06 Concerning Subcontractors, Suppliers, and Others ...... 31 7.07 Patent Fees and Royalties ...... 32 7.08 Permits ...... 32 7.09 Taxes ...... 33 7 .10 Laws and Regulations ...... 33 7.11 Record Documents ...... 33 7.12 Safety and Protection ...... 33 7 .13 Safety Representative ...... 34 7.14 Hazard Communication Programs ...... 34 7 .15 Emergencies ...... 34 7.16 Shop Drawings, Samples, and Other Submittals ...... 35 7.17 Contractor's General Warranty and Guarantee ...... 37 7.18 Indemnification ...... 37 7.19 Delegation of Professional Design Services ...... 38 Article 8 - Other Work at the Site ...... 38 8.01 Other Work ...... 38 8.02 Coordination ...... 39 8.03 Legal Relationships ...... 39 Article 9 - Owner's Responsibilities ...... 40 9.01 Communications to Contractor ...... 40 9.02 Replacement of Engineer ...... 40 9.03 Furnish Data ...... 40 9.04 Pay When Due ...... 40 GENERAL CONDITIONS 00700-Page 2 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~I6fr-,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9.05 Lands and Easements; Reports, Tests, and Drawings ...... 40 9.06 Insurance ...... 41 9.07 Change Orders ...... 41 9.08 Inspections, Tests, and Approvals ...... 41 9.09 Limitations on Owner's Responsibilities ...... 41 9.1 0 Undisclosed Hazardous Environmental Condition ...... 41 9.11 Evidence of Financial Arrangements ...... 41 9.12 Safety Programs ...... 41 Article 10 - Engineer's Status During Construction ...... 41 10.01 Owner's Representative ...... 41 10.02 Visits to Site ...... 41 10.03 Project Representative ...... 42 10.04 Rejecting Defective Work ...... 42 10.05 Shop Drawings, Change Orders and Payments ...... 42 10.06 Determinations for Unit Price Work ...... 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ...... 42 10.08 Limitations on Engineer's Authority and Responsibilities ...... 42 10.09 Compliance with Safety Program ...... 43 Article 11 -Amending the Contract Documents; Changes in the Work ...... 43 11.01 Amending and Supplementing Contract Documents ...... 43 11.02 Owner-Authorized Changes in the Work ...... 44 11.03 Unauthorized Changes in the Work ...... 44 11.04 Change of Contract Price ...... 44 11.05 Change of Contract Times ...... 45 11.06 Change Proposals ...... 45 11.07 Execution of Change Orders ...... 46 11.08 Notification to Surety ...... 46 Article 12 - Claims ...... 46 12.01 Claims ...... 46 Article 13 - Cost of the Work; Allowances; Unit Price Work ...... 48 13.01 Cost of the Work ...... 48 13.02 Allowances ...... 50 13.03 Unit Price Work ...... 50 Article 14 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...... 51 14.01 Access to Work ...... 51 14.02 Tests, Inspections, and Approvals ...... 51 GENERAL CONDITIONS 00700-Page 3 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16fr,,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 14.03 Defective Work ...... 52 14.04 Acceptance of Defective Work ...... 52 14.05 Uncovering Work ...... 53 14.06 Owner May Stop the Work ...... 53 14.07 Owner May Correct Defective Work ...... 53 Article 15 - Payments to Contractor; Set-Offs; Completion; Correction Period ...... 54 15.01 Progress Payments ...... 54 15.02 Contractor's Warranty of Title ...... 56 15.03 Substantial Completion ...... 57 15.04 Partial Use or Occupancy ...... 57 15.05 Final Inspection ...... 58 15.06 Final Payment ...... 58 15.07 Waiver of Claims ...... 59 15.08 Correction Period ...... 59 Article 16-Suspension of Work and Termination ...... 60 16.01 Owner May Suspend Work ...... 60 16.02 Owner May Terminate for Cause ...... 60 16.03 Owner May Terminate For Convenience ...... 61 16.04 Contractor May Stop Work or Terminate ...... 61 Article 17 - Final Resolution of Disputes ...... 62 17.01 Methods and Procedures ...... 62 Article 18 - Miscellaneous ...... 62 18.01 Giving Notice ...... 62 18.02 Computation of Times ...... 62 18.03 Cumulative Remedies ...... 63 18.04 Limitation of Damages ...... 63 18.05 No Waiver ...... 63 18.06 Survival of Obligations ...... 63 18.07 Controlling Law ...... 63 18.08 Headings ...... 63 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. GENERAL CONDITIONS 00700-Page 4 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:ij'~l6V'\I-AI. Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement-The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. *3. ApphcatioA for PaymeAt The form acceptable to Engineer 'Nhich is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid-The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder-An individual or entity that submits a Bid to Owner. 6. Bidding Documents-The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements-The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order-A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal-A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. C/aim-(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern-Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the GENERAL CONDITIONS 00700-Page 5 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16fl,lk WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract-The entire and integrated written contract between the Owner and Contractor concerning the Work. *13. Contract Documents Those items so designated in the Agreement, and which together comprise the Contract 13. Contract Price-The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 14. Contract Times-The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 15. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 16. Cost of the Work-See Paragraph 13.01 for definition. 17. Drawings-The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 18. Effective Date of the Contract-The date, indicated in the Agreement, on which the Contract becomes effective. 19. Engineer-The individual or entity named as such in the Agreement. 20. Field Order-A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 21. Hazardous Environmental Condition-The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 22. Laws and Regulations; Laws or Regulations-Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 23. Liens-Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 24. Milestone-A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 25. Notice of Award-The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 26. Notice to Proceed-A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. GENERAL CONDITIONS 00700-Page 6 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Cp:la~l6V,J-fii VVTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 27. Owner-The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 28. Progress Schedule-A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 29. Project-The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 30. Project Manual-The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 31. Resident Project Representative-The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 32. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 33. Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 34. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 35. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 36. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 37. Specifications-The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 38. Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 39. Substantial Completion-The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. GENERAL CONDITIONS 00700-Page 7 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:G~l6'ft',Jfii WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 40. Successful Bidder-The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 41. Supplementary Conditions-The part of the Contract that amends or supplements these General Conditions. 42. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 43. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 44. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 45. Unit Price Work-Work to be paid for on the basis of unit prices. 46. Work-The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 47. Work Change Directive-A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use GENERAL CONDITIONS 00700-Page 8 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qlii~l~t,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a wellknown technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. GENERAL CONDITIONS 00700-Page 9 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qla~l6'd'IIA Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS *C. Evidem;;o of Ownor's !-nsuranoo: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other e11idence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. GENERAL CONDITIONS 00700-Page 10 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES GG~l6ft;JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 - DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or GENERAL CONDITIONS 00700-Page 11 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QG~IBd'11A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). GENERAL CONDITIONS 00700-Page 12 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16ft'11-Ai WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation-RFls), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed *A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day 3-ftef the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. GENERAL CONDITIONS 00700-Page 13 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QG~IBfr,,J-A. WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 4.03 Reference Points *A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; GENERAL CONDITIONS 00700-Page 14 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~g.NOIBf~ Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. GENERAL CONDITIONS 00700-Page 1S of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES GidtNl2I6l~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. S.03 Subsurface and Physica! Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Re!iance e,1 Contractor on Technica!Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and dra•Nings, but such reports and dr:r.•,•ings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consbJltants, or subcontractors, 1.-.iith respect to: GENERAL CONDITIONS 00700-Page 16 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qij~IBfNA WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. the completeness of such reports and drawings for Contractor's purposes, including, bti-t not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or sl=\ewn or indicated in such drainings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any Wffi other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: GENERAL CONDITIONS 00700-Page 17 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Cp:G~l6fr,Jf.1 WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and GENERAL CONDITIONS 00700-Page 18 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Glad,N@16fr-,J~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13. 03; c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. GENERAL CONDITIONS 00700-Page 19 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Gi~lafl'ilA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site *A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and dra'Nings. *B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 'Nith respect to: 3. the completeness of such reports and dra'Nings for Contractor's purposes, including, 19-Ht not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 4. other data, interpretations, opinions and information contained in such reports or shown or indicated in such dravlings; or 5. any Contractor interpretation of or conclusion drawn from any Technical Data or any WGA other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone· for whom Contractor is responsible created the Hazardous GENERAL CONDITIONS 00700-Page 20 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G:6~16'ft,Jf;. WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in thi£ Paragraph 5.06.I shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 - BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds GENERAL CONDITIONS 00700-Page 21 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:G~IBfr,,J-,\i WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. *B. All bonds shall be in the form prescribed by the Contract except as provided other.'lise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney in fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney in fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance-General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any GENERAL CONDITIONS 00700-Page 22 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qla~IBfl'IIA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS confidential premium or pricing information contained in any policy or endorsement furnished under this provision. *D. O•.vner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Oi,•mer by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, aAtl documentation of applicable self insured retentions and deductibles. Ovmer may block oot (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. *E. F"ailure of Owner or Contractor to demand such certificates or other evidence of the other~ full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. *I. Owner does not represent that insurance co11erage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability-Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: GENERAL CONDITIONS 00700-Page 23 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:6:~16fr,,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability-Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7 .18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 1O 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured-Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industrystandard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds GENERAL CONDITIONS 00700-Page 24 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qij~l6'fl-.,JA WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. * J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. *6.04 Owner's UabH-ity Insurance J. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect O>;mer against claims 1Nhich may arise from operations tlAGef the Contract Documents. K. Ovmer's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon 0 1.vner's liability policies for af!-Y of Contractor's obligations to the Owner, Engineer, or third parties. GENERAL CONDITIONS 00700-Page 25 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16f1'11A WTP NO. 1 -SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. GENERAL CONDITIONS 00700-Page 26 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qi~IBft,f-A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such GENERAL CONDITIONS 00700-Page 27 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G6~16fi,Jfil WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06. 8 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, direc!ors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. GENERAL CONDITIONS 00700-Page 28 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:G~l6Vilfel WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES 7 .01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7 .02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. *B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7 .03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7 .04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. GENERAL CONDITIONS 00700-Page 29 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~I6ff',li\i WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. *C. Enginssr's Evaluation and Dstsrmination: Engineer will be allowed a reasonable time to evaluate each "or equal" request. Engineer may require Contractor to furnish additional data about the proposed "or equal" item. Engineer will be the sole judge of acceptability. ~Jo "orequal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or equal", which will be evidenced by an approved Shop Drawing or other \'\'Fitten communication. Engineer will aG'Jise Contractor in writing of any negative determination. *D. Effsct of Enginssr's Dstsrmination: Neither approval nor denial of an "or equal" request shall result in any change in Contract Price. The Engineer's denial of an "or equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7 .05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. GENERAL CONDITIONS 00700-Page 30 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QG~lo'ft,I-AI WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS *1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to tflat. named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. *B. E-RgiRoor's Eva!-uatioR aRd DoterFRiRatioR: Engineer will be allowed a reasonable time to e•,aluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data aboutthe proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be e11idenced by a F-"ield Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. *D. RoimbtJr:somoRt of ERgiRoor's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. VVhether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the GENERAL CONDITIONS 00700-Page 31 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G,G~IBll'IIA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS reasonable charges of Engineer for evaluating each such propose:1d substitute. Contractor shall also reimburse 0 1.. mer f:or the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract 1Nith Ovvner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. *F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7 .06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of tile right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. GENERAL CONDITIONS 00700-Page 32 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:6~16'ff;lfil WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. 0. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, GENERAL CONDITIONS 00700-Page 33 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qi~l6d'>,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during GENERAL CONDITIONS 00700-Page 34 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16VilA WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). GENERAL CONDITIONS 00700-Page 35 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Glag.N!2I6'fr,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7 .15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. GENERAL CONDITIONS 00700-Page 36 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~lo'fl'il-AI VVTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS *B. Submittal Procodwvs for Shop Dra1°.~ings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drai.¥ings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to revie>N the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to reviev, the submittal for the limited purposes required by Paragraph 7.16.D. 3. \/\/here a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. *D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals \'Viii, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible 'Nith the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's revie'A' and approval 'Nill not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied 'Nith the requirements of Paragraph 7.16.A.3 and Engineer has given 1Nritten approval of each such variation by specific writte-n notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's revie1N and approval of a Shop Dravving or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A ~ GENERAL CONDITIONS 00700-Page 37 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G6~I6'ft'll'k Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the reG11.1irements of the Contract Doc1.1ments, shall not, 1.1nder any circ1.1mstances, change tAe Contract Times or Contract Price, 1.1nless s1.1ch changes are incl1.1ded in a Change Q.i:def,. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other s1.1bmittal shall res1.1lt in s1.1ch item becoming a Contract Doc1.1ment. 8. Contractor shall perform the 1/1/ork in compliance with the reGll:lirements and commitments set forth in approved Shop Drawings and Samples, s1.1bject to the provisions of Paragraph 7.16.D.4. D. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; GENERAL CONDITIONS 00700-Page 38 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q6~16fr,,li\4 WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7 .18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, GENERAL CONDITIONS 00700-Page 39 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~16\t',IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8-0THER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. GENERAL CONDITIONS 00700-Page 40 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qi~l6d'llk WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out GENERAL CONDITIONS 00700-Page 41 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q6~16fl'#\i WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 - OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. GENERAL CONDITIONS 00700-Page 42 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Gf,i~IBfr,,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority ove~, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10- ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. GENERAL CONDITIONS 00700-Page 43 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qi~IBf~ Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS *10. 03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7 .16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. GENERAL CONDITIONS 00700-Page 44 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES G6~16ft'!lk WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11-AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve ( 1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible GENERAL CONDITIONS 00700-Page 45 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES QG~l6ft,lflq. WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: GENERAL CONDITIONS 00700-Page 46 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qclii~l6fl'11A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS a. for costs incurred under Paragraphs 13.01 .B.1 and 13.01 .B.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01 .B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which GENERAL CONDITIONS 00700-Page 47 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q6~16\1'11A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notffication to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. GENERAL CONDITIONS 00700-Page 48 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:lagiN:ij16Vil'AI WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 12-CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim GENERAL CONDITIONS 00700-Page 49 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q:6~16'ft,I-A WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01 .C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. GENERAL CONDITIONS 00700-Page SO of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qi~l6V1'fll Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: GENERAL CONDITIONS 00700-Page S1 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qij~IBft,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01 .B.1 or specifically covered by Paragraph 13.01.8.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. GENERAL CONDITIONS 00700-Page S2 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Q6giNlgl6ft,IA WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding ( except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. GENERAL CONDITIONS 00700-Page 53 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~elf't.l:@16'ft'il~ Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. GENERAL CONDITIONS 00700-Page 54 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~elP!IDl6'ft,1A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, GENERAL CONDITIONS 00700-Page 55 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~elf>t.li2l6V1IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as setoffs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15- PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the GENERAL CONDITIONS 00700-Page S6 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~elf>t..ijJl6'f['IIA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: GENERAL CONDITIONS 00700-Page 57 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES Qijell't.tl416ft,1A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; GENERAL CONDITIONS 00700-Page 58 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~El~l6'fl'il~ Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01 .C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15. 03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. *B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. GENERAL CONDITIONS 00700-Page 59 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~eHt-H@l6ftililil WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. *15. 03 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer GENERAL CONDITIONS 00700-Page 60 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~elt}lOIBft,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.03 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.04 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcont;·actor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: GENERAL CONDITIONS 00700-Page 61 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~eJl't-tl816d'II~ WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.05 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.06 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. GENERAL CONDITIONS 00700-Page 62 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~Elf't.tlglolft>,IA Wf P NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: GENERAL CONDITIONS 00700-Page 63 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~eH'1I-Jal6'f~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02. B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01 .A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. GENERAL CONDITIONS 00700-Page 64 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~Jl't,IQl6ft,IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 - FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 - MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. GENERAL CONDITIONS 00700-Page 65 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~Jf>t,JQl6fl',Jfl,. WfP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. GENERAL CONDITIONS 00700-Page 66 of 66 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~Jl)JQIBf[)¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00800 SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENT ARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, SECTION 00700., EJCDC" C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereto. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix SC added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof A. Delete Paragraph 1.01.A.3. in its entirety and insert the following in its place: Application for Payment-The form acceptable to Owner which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. B. Delete Paragraph 1.01.A. 13. in its entirety and insert the following in its place: Contract Documents-The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the4 bonds, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Accepted Shop Drawings and reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of test, data, graphics, and the like that may be furnished by the Owner to the Contractor are not Contract Documents. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 1 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~ltJQl6!f>i/A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 2- PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance Delete Paragraph 2.01 C. in its entirety: ARTICLE 2 - PRELIMINARY MATTERS ARTICLE 4 - COMMENCEMENT AND PROGRESS OF WORK SC-4.01 Commencement of Contract Times; Notice to Proceed Delete Paragraph 4.01.A in its entirety and insert the following: The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than 180 days after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. SC-4.03 Reference Points Delete Paragraph 4.03.A in its entirety and insert the following: Engineer shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. ARTICLE 5 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAT CONDITIONS SC-5.03 Subsurface and Physical Conditions Delete Paragraphs 5.03.A and 5.03.B in their entirety and insert the following: No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC-5.06 Hazardous Environmental Conditions at Site Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 2 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~~IBff>i!A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 6 - BONDS AND INSURANCE SC-6.01 Performance and Insurance Delete paragraph 6.01.8. in its entirety and replace with: All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as having an A.M. Best rating of A or better, and are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in tact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in tact signed the accompanying bond. SC-6.02 Insurance - General Provisions Delete Paragraph 6.02.D. in its entirety Delete Paragraph 6.02.E. in its entirety Delete Paragraph 6.02.I. in its entirety SC-6.03 Contractor's Insurance Add the following new paragraph immediately after Paragraph 6.03.J: The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable (e.g., Longshoreman's): Statutory Jones Act coverage, if applicable: Bodily injury by accident, each accident $ 1,000,000 Bodily injury by disease, aggregate $ 1,000,000 Employer's Liability: Bodily injury, each accident $ 1,000,000 Bodily injury by disease, each employee $ 1,000,000 Bodily injury/disease aggregate $ 1,000,000 Foreign voluntary worker compensation Statutory 2. Contractor's Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions: General Aggregate $ 2,000,000 SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 3 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~J~l6'ft>i¼ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Products - Completed Operations Aggregate $ 2,000,000 •- Personal and Advertising Injury $ 1,000,000 I f l. Each Occurrence (Bodily Injury and Property i Damage) $ 1,000,000 " 3. Automobile Liability under Paragraph 6.03.D. of the General Conditions: Combined Single Limit of $ 1,000,000 4. Excess or Umbrella Liability: Per Occurrence $ 5,000,000 General Aggregate $ 5,000,000 5. Contractor's Pollution Liability: Each Occurrence $ N.A. General Aggregate $ N.A. il If box is checked, Contractor is not required to provide Contractor's ~ Pollution Liability insurance under this Contract 6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: li 7. Contractor's Professional Liability: Each Claim $ 2,000,000 Annual Aggregate $ 2,000,000 SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 4 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~lltli116ffli/A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SC-6.04 Owner's Liability Insurance Delete Paragraph 6. 04.A. in its entirety Delete Paragraph 6.04.B. in its entirety ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES SC-7.02 Labor; Working Hours Add the following new subparagraphs immediately after Paragraph 7.02.B: Regular working hours will be: 7:00 am to 3:30 pm Monday through Friday Owner's legal holidays are: New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas Eve, Christmas Day, and New Years Eve. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. To facilitate the Owner in providing utility service to its customers, the Contract may be required to work continuously (24-hours) during periods when the Water Treatment Plant is shut down for the Contractor to install facilities. The Contractor shall work diligently throughout the shut down periods to minimize disruptions to the Owner. The Contractor shall not charge or assess the Owner for the expenses incurred during the shut down periods and shall consider this incidental to the cost of construction. The Contractor shall not receive any additional compensation for facilitating the Owner and/or for working continuously during shut down periods. For purposes of administering the foregoing requirement, additional overtime costs are defined as 3. 2 times the Resident Project Representative Direct Hourly Rate. SC-7.4 "Or Equals" Delete paragraph 7.04.C. in its entirety and replace with: Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or-equal" request. Engineer may require Contractor to furnish additional data about the proposed "or-equal" item. Engineer will be the sole judge in determination of an "or-equal" request. No "or-equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal" substitution, which will be evidenced by a reviewed Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination Delete paragraph 7.04.D. in its entirety and replace with: Effect of Engineer's Determination: The Engineer's determination of an "or-equal" request shall result in any change in Contract Price. The Engineer's determination of an "or-equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 5 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~el~IBffl,JA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SC-7.5 Substitutes Delete paragraph 7.05.A.1. in its entirety and replace with: Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and a substitute therefor. Engineer will not review requests of proposed substitute items of material or equipment from anyone other than Contractor. Delete paragraph 7.05.B. in its entirety and replace with: Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitue wi/1 be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an appropriate substitution. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer wi/1 advise Contractor in writing of any negative determination. Delete paragraph 7.05.D. in its entirety and replace with: Reimbursement of Engineer's Cost: Engineer wi/1 record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not the Engineer's review of the Contractor's request is returned with or without exceptions of the substitute proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. Delete paragraph 7.05.F. in its entirety and replace with: Effect of Engineer's Determination: If Engineer returns the Contractor's request without exceptions, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's review of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. SC-7.16. Shop Drawings, Samples, and Other Submittals Delete paragraph 7. 16.B in its entirety and replace with: B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 6 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~~l'IJ-@IBff>i!A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review of the pertinent submittal will be at the sole expense and responsibility of Contractor. Delete paragraph 7.16.D in its entirety and replace with: D. Engineer's Review l. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has acknowledged such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7. 16.A and B. 6. Engineer's review of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt and review of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in reviewed Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.0.4. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 7 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES f2NiiiJI\Jiel6\~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 10- ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Project Representative Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 8 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~J~IB!t>i!A WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or Jog book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer's visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 9 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES ~el~l6Jf'!IA WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS b. Participate in Engineer's final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 15- PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-15.03 Substantial Completion Add the following new subparagraph to Paragraph 15. 03.B: If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. End of Section 00800 SUPPLEMENTARY GENERAL CONDITIONS 00800-Page 10 of 10 Community Utilities of Indiana, Inc. Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTfrifi~~r~MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00020 ADVERTISEMENT FOR BIDS COMMUNITY UTILITIES OF INDIANA CROWN POINT, INDIANA WATER TREATMENT PLANT No. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Sealed Bids for the construction of the Water Treatment Plant No. 1 - South Filter Replacement & Distribution, will be received, by Community Utilities of Indiana, at the office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181, until 2:00 pm local time on December 19, 2019, at which time the Bids received will be privately opened and read. The Project consists of constructing an aluminum, filter replacement (internal to the existing facility) and the addition of an 8' x 12' pre-fabricated auxiliary shed, and site piping from the existing filter building to the existing ground water storage tanks. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. The Issuing Office for the Bidding Documents is Lockwood, Andrews & Newnam, Inc. 1 Oakbrook Terrace, Oakbrook Terrace Illinois 60181. Specifically, the person of contact will be Jim Holzapfel; [email protected], 630-495-4123. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 7:30 am to 3:30 pm Monday Friday. Bidding Documents may also be examined online at Dodge Data and Analytics 1-800-393- 6343, (www.construction.com). Electronic or hard copies of the Bidding Documents may be obtained from the Issuing Office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181 , on Mondays through Fridays between the hours of 7:30 am to 4:30 pm. Bidding Documents may be obtained electronically as portable document format (PDF) files) format upon application at the Issuing Office during the hours indicated above free of charge (via e-mail), or on storage media for a non-refundable fee of twenty dollars ($20.00). Alternatively, printed Bidding Documents may be obtained from the Issuing Office either via in-person pick-up or via mail, upon Issuing Office's receipt of payment for the Bidding Documents. The non-refundable cost of printed Bidding Documents is $250.00 (two hundred fifty dollars) per set, payable to "Lockwood, Andrews & Newnam ", plus a non-refundable shipping charge. Upon Issuing Office's receipt of payment, printed Bidding Documents will be sent via the prospective Bidder's delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder's date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. A mandatory pre-bid conference will be held at 10:00 am to 12:00 pm local time on December 4, 2019 at the Community Utilities of Indiana, Inc., Twin Lakes Water Treatment Plant #1 at 9201 E. 123 rd Street, Crown Point, IN 46307. Bid security shall be furnished in accordance with the Instructions to Bidders. Owner: Community Utilities of Indiana, 500 W. Monroe Street, Chicago, Illinois 60661 By: Mr. Sean Carbonaro, PE Title: Project Manager Date: November 18, 2019 END OF ADVERTISEMENT FOR BIDS ADVERTISEMENT FOR BIDS 00200 - 1 ADDENDUM#1 November 21, 2019 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTtrlfi~~~~rMffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS This Page Left Intentionally Blank ADVERTISEMENT FOR BIDS 00200 - 2 ADDENDUM#1 November 21, 2019 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfi~~~~rMffi WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 ADDENDUM NUMBER 2 PROJECT DOCUMENTS TWIN LAKES WATER TREATMENT PLANT NO. 1 SOUTH FILTER REPLACEMENT AND DISTRIBUTION IMPROVEMENTS 9201 E. 123RD STREET, CROWN POINT, IN 46307 DATE OF ADDENDUM: DECEMBER 17, 2019: ISSUED BY THE ENGINEER: LOCKWOOD, ANDREWS AND NEWNAM, INC. 1 OAKBROOK TERRANCE, SUITE 300 OAKBROOK TERRACE, IL 60181 630-426-0110 This addendum forms a part of the Project Documents and modifies the original documents, dated November 19, 2019. Acknowledge receipt of this addendum in the space provided on the Bid Form. FAILURE TO DO SO MAY SUBJECT THE BIDDER TO DISQUALIFICATION. A. Pre-Bid Meeting 1. A mandatory Pre-Bid Meeting was held at 10:00 am at the Twin Lakes Water Treatment Plant Number 1 at 9201 E. 123rd Street, Crown Point, IN 46307. The Attendance List is attached at the end of this addendum. 2. The Attendees of the Pre-Bid meeting posed the following questions. The responses are as follows: a. Question: What is the composition of the media in the South Filter? Response: The South Filter Media consists of mixed aggregate (3 layers) topped with anthracite, 24" total depth. b. Question: Is the project subject to sales tax? Response: Yes. c. Question: Are there any soil borings available? Response: No. d. Question: Will paving require lime treatment per 02223.3.5? Response: No. See modifications to the Specifications Section 02223.3.5.A.g in Part B of this addendum. ADDENDUM #2 - 1 Cornmunity Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfi~~g~M~ WTP NO. 1 - SOUTH FILTER REPLiCEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 e. Question: Who pays for material testing? Response: The Contractor shall pay for all material testing. See modifications to the Specifications Section 02223.3.10 in Part B of this addendum. f. Question: What is the anticipated start date for the project? Response: The Owner must receive project funding approval from the State of Indiana Utility Regulatory Commission which is anticipated to be a 6-month process. The Owner will issue a Notice to Proceed shortly after State approval. We anticipate construction commencing in the fall of 2020. g. Question: Does the filter media contain radon? Response: We have not found any information, or test results, indicating the presence of radon and/or radionuclide material in the raw water or filter media. The Contractor shall sample the filter media prior to demolition of the South Filter for radionuclides. See modifications to the Specifications Section 01750 in Part B of this addendum. h. Question: Does the painting include the exterior of the portion of the North Filter above the roof line of the Water Treatment Plant building? Response: No. i. Question: Does the paint on the exterior portion of the South Filter inside the Water Treatment building contain lead? Response: The Owner has taken a paint sample and has sent it for testing. We anticipate the results by late December/early January and when forward them to the bidders when available. Should the laboratory results arrive after the bid date, and indicate the presence of lead, the Owner shall negotiate with the Contractor a price to safely remove and legally dispose of the material in accordance with all applicable laws and regulations. See modifications to the Specifications Section 01750 in Part B of this addendum. j. Question: Does the Contractor supply the chlorine analyzer? Response: Yes, See Section 13423 of the Project Specifications. The Contractor is responsible to supply and install the chlorine analyzer. The Owner's chemical supplier will provide the chemical tanks, chemical feed pumps and associated piping. Contractor is responsible for installing the chemical lines from the chemical pumps to the static mixers. ADDENDUM #2 - 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTirltr~~~~-M~ WTP ~-JO. 1 - SOUTH FILTER REPLiCEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 k. Question: Is the Contractor to disinfect the piping, filter, and ground storage tanks? Response: See Section 02675 Cleaning and Disinfecting of Water Piping, Equipment and Facilities of the Project Specifications. I. Question: What are the hours the Contractor can work? Response: See SC-7 .02 of the Supplementary Conditions of the Project Specifications for normal work hours and Holidays. m. Question: Will the Contractor be required to obtain and pay for a building permit? Response: See SC-7.08 of the Supplementary Conditions of the Project Specifications. The Owner shall submit and pay for all permit applications and review fees. The Contractor shall apply and pay for all required inspections, local licensing, and registration fees. n. Question: How much layout will the Contractor get from the Owner? Response: Per Section 01051 of the Project Specifications, the Engineer shall provide site horizontal and vertical control. The Contractor shall be responsible for site layout and staking to construct the improvements to the lines and grade as shown on the plans. o. Question: Is there a specification for the motor to be replaced on HSP-2 as indicated in Keynote 35 on Sheet 0-101 & Keynote 2 on 0-302? Response: See modifications to Section 11320.2.4 of the Project Specifications for HSP- 2 motor requirements in Part B of this Addendum. p. Question: Is the Contractor required to paint the North Filter, and the new and existing concrete ceiling of the filter building? Response: See modifications to Appendix A of Section 09928 of the Project Specifications in Part B of this addendum. The Contractor is responsible to paint the exterior of the portion of the existing North Filter on the interior of the Water Treatment Plant building, as well as the new concrete ceiling. The Contractor shall coordinate the color selection with the Owner. q. Question: Who is responsible for the natural gas service line from the Utility? Response: See Keyed Note 20, Sheet C-102 of the Project Plans. The Owner is responsible to bring the natural gas service line to and including gas meter on the exterior of the filter building. The Contractor shall be responsible to connect to the natural gas meter and extend and connect the service line to the equipment specified. ADDENDUM #2 - 3 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfi~~g~Mffi WTP NO. 1 - SOUTH FILTER REP~CEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 r. Question: Please confirm that electrically, all we should have to do is bring the 60A feed to the panel and whatever control wiring is needed the fiberglass structure. Response: Per Section 13122 of the Project Specifications, the FRP structure is specified (to be pre-wired for all equipment as shown in the plans and specifications. The Contractor is responsible to bring power (60A) to the FRP structure from LP-A and connect to LP-8 plus control wiring as shown. s. Question: Circuits in Panel LPA are shown to power several Mag Meters. Where are they located? I don't see any on the drawings. Response: See Keyed Note 24 on Sheet D-101, and Keyed Note 27 on Sheet D-301 of the Project Plans. CV-304 and CV-305 are motor operated valves as shown on Sheet N-602 of the Project Plans. t. Question: Is 1 Pair #16 Shielded to be used for all Al and AO wiring? Response: Typically, one set of shielded twisted pair of #16 will be used for devices. If equipment requires several pairs, then multiple pair can be used. Contractor to verify with supplied instrumentation to what cables are required. See Section 13413, 2.4 Wiring and Electrical Devices, for acceptable control cable. u. Question: Is all the DI and DO wiring shown on E-603 and E-604 included in the SCADA Panel wiring shown on E-601? Response: Yes. V. Question: Is all the wiring shown on E-603 from the General Filter Control Panel included in the wiring shown on E-601 from MCC-A and MCC-8? Response: Response: No, E-603 indicate wiring from the General Filter Control Panel to devices located on or near new Filter Unit and MCC-A/MCC-8, while E-601 only indicates wiring from MCCs to General Filter Control Panel. w. Question: Drawing E-604 shows AO wiring from Mission #1 and Mission #2. Do we need to run this wiring? Response: Yes, See Keyed Notes 5 and 6 on Sheet E-101 of the Project Plans. ADDENDUM #2 - 4 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UT([:/fi~~f~~ffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 y. Question: According to E-601, all the High Speed and Low Speed Motors have On/Off Switches. Are we to provide and install these somewhere near each motor? If we are to provide these, please specify the type of switch you would like. Response: Yes, all High Service and Low Service Pumps are to have On/Off switches near motor. Switch can be as supplied by Cooper Crouse-Hinds, DSD933 Snap Switch, NEMA 3, 1P, Lockable or equal. z. Question: Section 13423, CL2 Analyzers - Signal and power requirements are not provided. We are assuming a 120V power analyzer with 4-20mA signals will be acceptable? Response: Yes, on Drawing E-605, LP-A provides 120 V power to CL analyzers and Drawing E-604 indicates analog signals. aa. Question: In Section 13400, 1.5.C.4&5, Interconnection Diagrams. & Installation drawings. Submit panel installation drawings. These panel - Is Concentric expected to edit the E drawings with cable and conduit schedules and routing? Response: No, installation drawing shall be provided for identification and termination of all contractor power, control, and signal cabling. bb. Question: In Section 134446, 2.04 Level Indicators, what instruments are provided by owner? Response: Owner will be providing all chemical tank level transmitters. cc. Question: Are the pressure transmitters for the North Filter, F-201 (A and B) a direct replacement? Response: No, the pressure transmitters for the North Filter F-201 (A and B) are new, Contractor to provide. See Section 13446 of the Project Specifications .. 3. Other Information Presented at the Pre-Bid Meeting: a. Bid Opening has been changed to 2:00 pm local time on January 9, 2020. See modifications to the Project Specifications Section 00200 in Part B of this addendum. b. Prospective Bidders shall submit all questions before 3:30 pm on December 20, 2019, local time to Jim Holzapfel, PE, at [email protected]. c. Bidders are invited to schedule a virtual reality (VR) review of the 3-D design at the offices of Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Suite 300, Oakbrook Terrace, Illinois 60181. Bidders interesting in reviewing the plan documents using VR can do so before 3:30 pm on December 20, 2019, local time by contacting Jim Holzapfel, PE, at JEHolzapfel@LAN lnc.com ADDENDUM #2 - 5 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTrtlri~~~~lMffi WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 d. The Contractor shall use Concentric Integration. Contractor should direct all inquiries to Nick Paradiso at [email protected] (See Section 13400 of the Project Specifications). B. Modifications to the Project Specifications 1. Make the following revisions to Table of Contents: a. On Page 00010-4, under Division 13, change "13421 Primary Instrumentation Devices" to "13446 Primary Instrumentation Devices" 2. Delete Section 00200 in its entirety and replace with revised Section 00200, dated December 17, 2019, attached at the end of this addendum. 3. Make the following revisions to Section 01750, Waste Material Disposal: a. The On page 01750-1, delete 1.1. in its entirety and replace with the following: "1.1 .A. The Contractor is responsible for all costs associated with the collection, delivery, testing and analysis of materials that may require special handling and/or disposal. No separate measurement and payment will be made. Include the cost of work in contract prices. 1.1. B. Should testing indicate certain materials require special handling and/or disposal beyond normal methods, the Owner shall negotiate with the Contractor a price to safely remove and legally dispose of the material in accordance with all applicable laws and regulations." 4. Make the following revisions to Section 02223, Earthwork: a. On page 02223-4, delete 3.5.A.g in its entirety b. On page 2223-6, delete 3.1 O.A. Laboratory Services in its entirety and with the following: "Contractor shall be responsible for all costs associated with securing a commercial testing laboratory to take samples, test and analyze and/or assess adequacy of materials and compaction as outlined in Section 01380 of the Project Specifications." 5. Make the following revisions to Section 09928 Protective Coating Systems: a. On page 09228-12, delete APPENDIX A - ITEMIZED PAINTED SCHEDULE in its entirety and replace with the following: ADDENDUM #2 - 6 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UT~lfl~~f~MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 APPENDIX A - ITEMIZED PAINTED SCHEDULE A. NEW ITEMS TO BE PAINTED COLOR 1. New Package Iron Removal Unit (carbon 1. Match color of existing North Package steel version only). Iron Removal Unit 2. All new exposed piping 2. Per paragraph 3.6.D.2 3. All new exposed chemical solution piping. 3. Per paragraph 3.6.D.2. 4. All new steel piping supports. 4. Match piping color. 5. New steel bollards. 5. Safety yellow. 6. New pumps. 6. Per paragraph 3.6.D.2 B. EXISTING ITEMS TO BE PAINTED COLOR 1. Interior masonry walls 1. Coordinate with Owner 2. Interior concrete walls 2. Coordinate with Owner 3. Interior concrete ceiling 3. Coordinate with Owner 4. Interior existing concrete pump bases 4. Coordinate with Owner 5. Interior existing steel pipe supports 5. Per paragraph 3.6.D.2 6. All existing electrical conduit 6. Per paragraph 3.6.D.2 7. All existing exposed piping 7. Per paragraph 3.6.D.2 8. All existing steel piping supports. 8. Per paragraph 3.6.D.2 9. Existing pumps. 9. Per paragraph 3.6.D.2 10. Existing exterior of the North Filter 10. Per paragraph 3.6.D.2 located within the Water Treatment building 6. Make the following revisions to Section 11320, on Page 11320-4, in 2.4.C, delete the last two sentences and insert: "Pump shall be close coupled to a 3-phase, 60 Hertz, 460 volt, horizontal, TEFC, inverter duty rated motor suitable for operation on a VFD. The motor shall have a minimum service factor of 1.15." 7. In Section 11500, make the following changes: a. On Page 11500-1, revise 1.2.L to "Section 13446 - Primary Instrumentation Devices". b. On Page 11500-1, add 1.2.M "Section 13410- Programmable Logic Controllers". ADDENDUM #2 - 7 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTl'rlfi~~~~MN WTP NO. 1 - SOUTH FILTER REPL:!:CEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM#2 Add the following to the end of paragraph 2.15.C.1, "Prior to shop submittal, supplier will coordinate all controls and communication required to main SCADA PLC with the System Integrator, Concentric Integration (Attn: Nicholas A Paradiso, PE, Project Manager, [email protected] ) 8. Make the following revisions to Section 13410, Programmable Logic Controllers: a. Remove all references to ControlNet and DeviceNet from this entire Section as Ethernet/IP will be used for communication. b. On Page 13410-4, add the following to the end of2.2.D.PLC.5.c, "The 5069- IA16, 5069-1816, 5069-IB16K, and 5069-IB16F (DI) module inputs use a shared common. The inputs have a return through internal module circuitry to the SA(-) terminal on the SA Power RTB, no isolation." c. In 13410-4, add the following to end of 2.2.D.PLC.6.c, "The 5069-OA 16 module outputs use a shared common. The outputs have a return through internal module circuitry to the SA (-) terminal on the SA Power RTB. The 5069-0816, 5069- OB16K, and 5069-OB16F modules use the Local Actuator (LA+ and LA -) connections are used to supply field-side power to the module. This is shared among all outputs." d. On Page 13410-4, delete 2.2.G, Remote 1/0 as there is none in this project. e. On Page 13410-5, in 2.3. C, change "two copies" to "one copy" of required license. f. On Page 13410-5, delete 2.4, since no special programming cables are required. g. On Page 13410-3, delete paragraph 2.2.D.1 in its entirety. h. On Page 13410-6, delete 3.1.B, Burn-In Test, in its entirety. 9. In Section 13412, on Page 13412-3, under 2.5, Manufacturers, add " E. APC". 10. In Section 13413, make the following revisions: a. On Page 13413-6, under 2.4.D, add ""4. Allen Bradley Terminal blocks equipment is acceptable to specified equipment, or approved equal." b. On Page 13413-8, under 2.4.N, add the following sentence at the end of the current paragraph, "Surge arrester will only be required for analog signal cables leaving the building to an outdoor instrument". 11. Delete Section 13421 Primary Instrumentation Devices in its entirety. The correct Primary Instrumentation Devices is Section 13446. 12. Make the following revisions to Section 13430, on Page 13430-1, under 2.1.C, change the Project manager information to: Concentric Integration 8840 W 192nd St. Mokena, IL 60448 Attn: Nicholas A Paradiso, PE, Project Manager [email protected] 13. Make the following revisions to Section 13446: ADDENDUM #2 - 8 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTrtlfti~~~~"M~ WTP NO. 1 - SOUTH FILTER REPLJ.'.CEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 a. On Page 13446-5, delete 2.06 and 2.07, Power Monitor and Control Power Transformers, in its entirety. b. On Page 13446-7, delete 2.10.D in its entirety. 14. In Section 16370, on Page 16370-5, under 2.1.G, add item #6 as noted: "6. VFD shall be provided with Ethernet/IP communications for providing all available operating and controlling parameters with SCADA PLC. See Electrical Drawings for additional information." 15. Make the following revisions to, Section 16376, Harmonic Filter System: a. On Page 16376-1, Delete paragraph 1.4, 8.4 in its entirety and insert the following: "Designed to meet the intent of IEEE-519. See project plans and information related to one-line diagram. PCC shall be at secondary side of 150kVA transformer supplying/power to the pump station." b. On Page 16376-2, Delete paragraph 2.3, C in its entirety and insert the following: "Enclosures shall be NEMA 2 for indoor use and NEMA 3R where located outdoors." c. On Page 16376-3, delete current 3.3 and replace with: "3.3 FIELD STARTUP Manufacturer authorized representative shall confirm proper installation and operation of supplied equipment." 16. In Section 16445, make the following revisions: a. On Page 16445-1, in 1.1, replace current sentence with, " This section includes the requirements for the provision of motor control centers for use on 3-phase power systems rated 600 volts and below, and which conform to NEMA 12 construction. See Electrical Drawings for additional information. b. On Page 16445-5, add the following after 2.12: "2.13 Power Monitor for MCC Power monitor shall be an Allen Bradley PowerMonitor 5000 1426-M5E" C. Modifications to Project Plans 1. Delete Sheet E-101 of the Project Plans and replace with the attached Sheet E-101. 2. Delete Sheet E-601 of the Project Plans and replace with the attached Sheet E-601. END OF ADDENDUM #2 ADDENDUM #2 - 9 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY Twin Lakes Water Treatment Plant #1 South Filter Replacement and Distribution Improvements Manadatory Pre-Bid Meeting 9201 E. 123rd Street Crown Point, IN, 46307 December 4, 2019, 10:00 am Name Company Phone I Email Address -Seq/) ~t~ Ct./'·If zz~-U 1-J ol..}'i I S4rbd"Y1 o,/l> '2 vi wt).,-+ One Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 • Phone: 630.495.4123 • Fax: 630.495.4288 • www .Ian-inc.com Lockwood, Andrews Pre-Bid Meeting &Newnam, Inc. ISn A LEO A 01\LV COMPANY Attendees Twin Lakes Water Treatment Plant #1 South Filter Replacement and Distribution Improvements Manadatory Pre-Bid Meeting 9201 E. 123rd Street Crown Point, IN, 46307 December 4, 2019, 10:00 am Name Company Phone Email Address I 1~~~ e, 0 IV ,u.,,.--1 j'-1;t.1 \ ..., A- WA.L.l~ (Qar 1'1fif> 15 ~ tt25o! "JeM,c1. \;ii;~ u»tt.tw?tw.J(~;rt., I~ J,, ,..,,_.,,,,,_.,,._-1,&,Vc;;;,:,,rr/l..-?(t, _,, iii'~ ! C/J D) ,_,in 0 (C (I) ..... _, a, n 7J 3" ~ 0. (1) -· OI '""O~ ~ o C-o Dl ~~~S" ~ c'i!!!.r> One Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 • Phone: 630.495.4123 • Fax: 630.495.4288 • www.lan-inc.com -----~-----~-~--~4.~. .=;-<-'-'-"""'4.,~.,.,W,.;.<., .-JcW,U,.,.eWb.Jfu,, ·t"•n"lt'l!f'"l[F1'!1!ll~f'""' I ' Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES eFJfNe,11~~¾ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 December 17, 2019 COMMUNITY UTILITIES OF INDIANA CROWN POINT, INDIANA WATER TREATMENT PLANT No. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Sealed Bids for the construction of the Water Treatment Plant No. 1 - South Filter Replacement & Distribution, will be received, from invited Bidders only, by Community Utilities of Indiana, at the office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181, until 2:00 pm local time on January 9, 2020, at which time tt)e Bids received will be privately opened and read. The Project consists of constructing an aluminum, iron removal filter replacement (internal to the existing facility), new motor control centers, electrical/instrumentation and process control improvements, three 350 gpm low service pumps, one 500 gpm high service pump, one 50 hp motor replacement for one high service pump, addition of an 8' x 12' pre-fabricated shed with related chemical system improvements, site piping from the existing filter building to the existing ground water storage tanks, and sitework for new sidewalks, driveway, and grass restoration. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. The Issuing Office for the Bidding Documents is Lockwood, Andrews & Newnam, Inc. 1 Oakbrook Terrace, Oakbrook Terrace Illinois 60181. Specifically, the person of contact will be Jim Holzapfel; [email protected], 630-495-4123. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 7:30 am to 3:30 pm Monday-Friday. Bidding Documents may also be examined online at Dodge Data and Analytics 1-800-393-6343, (www.construction.com). Electronic or hard copies of the Bidding Documents may be obtained from the Issuing Office of the Lockwood, Andrews and Newnam, Inc., 1 Oakbrook Terrace, Oakbrook Terrace, IL, 60181, on Mondays through Fridays between the hours of 7:30 am to 4:30 pm. Prospective Bidders shall submit all questions before 3:30 pm on December 20, 2019, local time to Jim Holzapfel, PE, at [email protected]. Bidding Documents may be obtained electronically as portable document format (PDF) files) format upon application at the Issuing Office during the hours indicated above free of charge (via e-mail), or on storage media for a non-refundable fee of twenty dollars ($20.00). Alternatively, printed Bidding Documents may be obtained from the Issuing Office either via in-person pick-up or via mail, upon Issuing Office's receipt of payment for the Bidding Documents. The non-refundable cost of printed Bidding Documents is $250.00 (two hundred fifty dollars) per set, payable to "Lockwood, Andrews & Newnam", plus a non-refundable shipping charge. Upon Issuing Office's receipt of payment, printed Bidding Documents will be sent via the prospective Bidder's delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder's date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES 6'F9fNfM{~"¾ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 A mandatory pre-bid conference will be held at 10:00 am to 12:00 pm local time on December 4, 2019 at the Community Utilities of Indiana, Inc., Twin Lakes Water Treatment Plant #1 at 9201 E. 123 rd Street, Crown Point, IN 46307. Bid security shall be furnished in accordance with the Instructions to Bidders. NOTE{S} TO USER: Owner: Community Utilities of Indiana, 500 W. Monroe Street, Chicago, Illinois 60661 By: Mr. Sean Carbonaro, PE Title: Project Manager Date: December 12, 2019 END OF ADVERTISEMENT FOR BIDS Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC COMMUNITY UTILITIES d'FlfNrJl~fl.J;&; WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #2 A mandatory pre-bid conference will be held at 10:00 am to 12:00 pm local time on December 4, 2019 at the Community Utilities of Indiana, Inc., Twin Lakes Water Treatment Plant #1 at 9201 E. 123 rd Street, Crown Point, IN 46307. Bid security shall be furnished in accordance with the Instructions to Bidders. NOTE{S) TO USER: Owner: Community Utilities of Indiana, 500 W. Monroe Street, Chicago, Illinois 60661 By: Mr. Sean Carbonaro, PE Title: Project Manager Date: December 12, 2019 END OF ADVERTISEMENT FOR BIDS con1n1uo,,~u""°"'""""a.j,,o Ir"' F;~., Pro-.,p,o"'I 9-ff}, t> - 130-10888-000 November 2019 Con,muo mnn Lockwood, Andrews IL:: ~~~=~~,~~•MhNY 1 Oakbrook Terrace Suite 300 Oakbrook Terrace, IL 60181 Tel 630-495-4123 www.lan-inc.com REVISIONS I § Dcaw I"'D I C-heck ORH ~,/JQ,- Project No. 130-10888-000130-11 Date· Nover.November2019 ELECTRICAL CONTROL ARCHITECTURE - SHEET 1 OF 2 E-603 I,, Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uT(t:lfl~~~~~Q~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #3 ADDENDUM NUMBER 3 PROJECT DOCUMENTS TWIN LAKES WATER TREATMENT PLANT NO.1 SOUTH FILTER REPLACEMENT AND DISTRIBUTION IMPROVEMENTS 9201 E. 123RD STREET, CROWN POINT, IN 46307 DATE OF ADDENDUM: DECEMBER 20, 2019: ISSUED BY THE ENGINEER: LOCKWOOD, ANDREWS AND NEWNAM, INC. 1 OAKBROOK TERRANCE, SUITE 300 OAKBROOK TERRACE, IL 60181 630-426-0110 This addendum forms a part of the Project Documents and modifies the original documents, dated November 19, 2019. Acknowledge receipt of this addendum in the space provided on the Bid Form. FAILURE TO DO SO MAY SUBJECT THE BIDDER TO DISQUALIFICATION. A. Questions and Clarifications 1. Per the Instructions to Bidders, Bidders submitted the following questions to the Engineer. a. Question: Drawing E-604 shows Al and AO wiring for command speed and reference speed signals to pumps P602, P603, P604, P605 and P609. Drawing E603 also shows some DI and DO wiring to these pumps. Will there be common pump control panels in the New Chemical Building and Existing Chemical Room that we run this wiring to? Response: No, there are no additional control panels in the New Chemical Feed Building or the Existing Filter Building. All proposed wiring will be directly connected to chemical pump terminals. Delete the following digital input contacts: Device ID Delete DI Contact Delete DI Contact Delete DI Contact P-602 Fluoride Pump L-O-R Switch in Hand L-O-R Switch in Remote Pump Fail P-603 NaOCI to Dist. L-O-R Switch in Hand L-O-R Switch in Remote Pump Fail P-604 NaOCI to GST L-O-R Switch in Hand L-O-R Switch in Remote Pump Fail P-605 Phosphate L-O-R Switch in Hand L-O-R Switch in Remote Pump Fail P-609 NaOCI Transfer Pump L-O-R Switch in Hand L-O-R Switch in Remote Pump Fail ADDENDUM #3 - 1 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTtl1fi~~~~~~~ WTP NO. 1 - SOUTH FILTER REP~CEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #3 b. Question: Drawing E-604 show Al wiring to the Elevated Tank Level. Where is this located? Response: The existing Elevated Tank Level is located the existing MCC Section 2. The Contractor shall extend the existing phone line (in ¾" diameter conduit) and relocate the existing modem to the new SCADA panel. See modifications to the Specifications in Section B of this Addendum. c. Question: With the bid opening being change to January 9th, 2020 will the deadline for questions be shifting back as well? If so when is the new question deadline? Response: Bidders may submit questions after 2:00 pm on December 20, 2019. However, the Engineer is under no obligation to respond to questions. d. Question: Will an updated Bid Bond Form be sent? Or is it the responsibility of the bidder to modify the document? Response: A revised Bid Bond Form is attached. See modifications to the Specifications in Section B of this Addendum. e. Question: Will there be an option to submit the Bid Form and other required documents electronically? Or will the only way to submit a bid be at the .; office? Response: Per the Project Specifications, Bidders are to submit Bid documents to the offices of the Engineer before 2:00 pm on January 9, 2020 at the address below: Lockwood, Andrews and Newnam, Inc. 1 Oakbrook Terrace, Suite 300 Oakbrook Terrace, Illinois 60181 B. Modifications to the Project Specifications 1. Delete Section 00430 Bid Bond in its entirety and replace with Section 00430 Bid Bond (12/20/2019) attached at the end of this Addendum. 2. Delete 13417 .2.2 on Page 13417-2 Data Networking Equipment of the Project Specifications in its entirety and replace with the following: 2.2 Serial Module A. Provide a Compact 500 Serial Interface Module for new PLC for communicating to existing modem (to be relocated from existing SCADA Panel to new SCADA Panel). This communication provides the offsite Elevated Tank Level indication by telephone line. ADDENDUM #3 - 2 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTfrl'tt~~~~~~ffi WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ADDENDUM #3 C. Modifications to Project Plans 1. Sheet ED-101 of the Project Plans, a. Add GENERAL NOTE 7. Remove existing Telephone Dialer and remove existing power supply and communication wiring and related conduit. Return Telephone Dialer to Owner. 2. Sheet E-101 of the Project Plans a. Delete Keyed Note 8. END OF ADDENDUM #2 ADDENDUM #3 - 3 Community Utilities of Indiana, Inc. COMMUNITY UTrtlr!Hffie='O!i'P~*ANA WTP NO. 1 - SOUTH t11l"fl!P{"Ref!f,E:~~NT & DISTRIBUTION l!Vll9R.cf&~r.Ji~TS SECTION 00430 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: January 20, 2020 Description: COMMUNITY UTILITIES OF INDIANA - WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9201 E 123rd Street Crown Point, Indiana 46307 BID BOND (12/20/2019) 00430 - 1 Community Utilities of Indiana, Inc. COMMUNITY UTrt:trff,~e='O~P~ANA WTP NO. 1 - SOUTH ii¥i.1!f~,em~~NT & DISTRIBUTION l~Rctv~hl~TS BOND Bond Number: Date: Penal sum (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY ______(Seal) ______(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: ______By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: ------'Attest: Signature Signature Tille Tille 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. BID BOND (12/20/2019) 00430 -2 Community Utilities of Indiana, Inc. COMMUNITY UTrtt..rffJ!§oF'Ofi°PIN!Sl~ANA WTP NO. 1 - SOUTH ~itf~'RePE:,!;~~NT & DISTRIBUTION IWRm-~hlE:'NTS 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. BID BOND (12/20/2019) 00430 - 3 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-7 PUBLIC Page 147 of 174 ADDENDUM NUMBER 4 PROJECT DOCUMENTS TWIN LAKES WATER TREATMENT PLANT NO. 1 . UTH FILTER REPLACEMENT AND DISTRIBUTION IMPROVEMENTS ,:.. . · :;; 1,-C i/J 9201 E. 123RD STREET, CROWN POINT, IN 46307 1 ATE OF ADDENDUM: January 6, 2020 ISSUED BY THE ENGINEER: LOCKWOOD, ANDREWS AND NEWNAM, INC. 1 OAKBROOK TERRANCE, SUITE 300 OAKBROOK TERRACE, IL 60181 630-426-0110 This addendum forms a part of the Project Documents and modifies the original documents, dated November 19, 2019. Acknowledge receipt of this addendum in the space provided on the Bid Form. FAILURE TO DO SO MAY SUBJECT THE BIDDER TO DISQUALIFICATION. A Questions and Clarifications: 1. Per the Instructions to Bidders, Bidders submitted the following questions to the Engineer. a. Question: Specification Section 15106, Paragraph 3.6.B.3 states, "Provide Densco petroleum based tape or approved equal for all exposed portions of nuts, bolts, and pipe." This section appears to be referencing both underground and exposed piping. This is not a standard installation process for these types of projects. Please confirm if Densco tape is to be used on any of the process piping systems, either underground or exposed, and which systems this would apply. Response: Where buried flange connections are required or shown on the drawings, petrolatum wax tape shall be applied to the flanges, nuts and bolts. Wax tape is not required for exposed flange piping. See revisions to specification 15106 in section B of this Addendum. b. Question: Specification Section 15106, Paragraph 3.6.B.4 states, "Full length bolt isolating sleeves and washers shall be used with flanged connections." Is this for ALL flanges? Usually, this is required for connection of dissimilar metals or isolation of flow meters. Please clarify. Response: Flange isolation kits, including isolating gaskets, bolt isolating sleeves, and washers shall be installed between flanges of dissimilar metals and ADDENDUM NO. 4 AD4-1 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTl'lffi~~J~~~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS where shown on the Drawings to provide electrical isolation between adjacent pipe, fittings or appurtenances. Flange isolation is not required for all flanges. See revisions to specification 15106 in section B of this Addendum. c. Question: The Bid Bond form from Addendum #3 has a bid due date of January 20, 2020. Please confirm if the bid date has been pushed back to January 20, 2020? Or if the Bid Date is still January 9, 2020 from Addendum #2 B. Response: The bid opening date is still January 9, 2020. The Bid Bond form will be revised accordingly. See revisions to Section 00430 in Section B of this Addendum. d. Question: Addendum 2 pg. 3 indicates the Owner will obtain and pay for the building permit, and contractor shall pay inspections. When I contacted the Lake County Planning Department they indicate that all inspection fees are included in the permit fee. I assume that means the Owner will be paying the inspection fees. Is that correct? Response: Yes, if the inspections are included with the permit, then the Owner is responsible for paying for all normal and customary inspections relative to the building permit. B. Modifications to Project Specifications 1. Make the following revisions to Section 00200: a. Delete Paragraph 19.03.B in its entirety and replace with the following: "19.03.B In the comparison of Bids, the Successful Bidder will be determined on the basis of the Lump Sum Bid Price only. The Contract Award Amount will be based on the sum of the Lump Sum Bid Price and the Bid Alternates accepted by the Owner. The Owner reserves the right to select any, all, or none of the Bid Alternates and may select Bid Alternates in any order or combination. The order of the Bid Alternates does not indicate level of priority." 2. Delete Section 00410 Bid Form in its entirety and replace with the attached revised Section 00410, dated 1/6/2020. 3. Delete Section 00430 Bid Bond in its entirety and replace with the attached revised Section 00430 Bid Bond, dated 1/6/2020. ADDENDUM NO. 4 AD4-2 Community Utilities of Indiana, Inc. Iron Filler Preapproval COMMUNITY UTrtYfr~fi~J~lit~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 4. Make the following revisions to Section 11320: a. Revise Paragraph 2.2.B to read as follows: "B. Pumps shall be Model 3410-V S, 3x4-10 as manufactured by ITT Goulds." b. Add the following Paragraph 2.2.C: "Or approved equal." 5. Make the following revisions to Section 15106: a. Delete Paragraph 3.6.B.3 in its entirety and replace with the following: "Use nuts and bolts in accordance with Section 05550. Tighten bolts progressively to prevent unbalanced stress. Maintain at all times approximately same distance between two flanges at points around flanges. Tighten bolts alternately (180° apart) until all are evenly tight. Draw bolts tight to ensure proper seating of gaskets. When flanges are required in the buried condition, provide Denso petroleum based tape or approved equal in accordance with Section 05550." b. Delete Paragraph 3.6.B.4 in its entirety and replace with the following: "Flange isolation kits, including isolating gaskets, bolt isolating sleeves, and washers, shall be installed between flanges of dissimilar metals and where shown on the Drawings to provide electrical isolation between adjacent pipe, fittings or appurtenances. Flange isolation is not required for all flanges. Full length bolt isolating sleeves and washers shall be used with flanged connections." 6. Make the following revisions to Section 13122: a. Delete Paragraph 2.1 in its entirety and replace with the following: "2.1. ACCEPTABLE MANUFACTUERS A. TRACOM, Inc., 6575-A Industrial Way, Alpharetta, GA 30004 B. Plasti-Fab / Ershigs, Inc., 5985 South 6th Way, Ridgefield, WA 98642 C. Approved Equal." b. Add the following paragraph: "1.7 WARRANTY A. Shelters shall be warranted to be free of defects in workmanship and materials for a period of two (2) years from date of shipment, or one (1) year from date of Final Completion, whichever is greater." ADDENDUM NO. 4 AD4-3 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTl'lffi~~~~~~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS c. Delete Paragraphs 2.2.A.3.i and 2.2.A.3.i.1 in their entirety and replace with the following: "2.2.A.3.i Core shall consist of rigid closed cell, self-extinguishing (Class 1) polyisocyanurate foam. Core shall be a minimum of 2-inches thick with an initial insulating value of R-14." 7. Add attached new Specification Section 11475, Reservoir Mechanical Mixing System, dated 1/6/2020. 8. Delete Specification Section 11212, Peristaltic Chemical Metering Pump, in its entirety. C. Modifications to Project Plans 1. Make the following revisions to Sheet D-104: a. Add new General Note 4 as follows: "4. THE RESERVOIR HYDRODYNAMIC MIXING SYSTEM (SEE SECTION 11450) SHOWN ON THIS SHEET IS DESCRIBED AS BID ALTERNATES C-1 AND C-2 ON THE BID FORM IN SECTION 00410, BID FORM, AND IS NOT INCLUDED AS PART OF THE BASE BID WORK." b. Add new General Note 5 as follows: "5. FOR BID ALTERNATED, RESERVOIR MECHANICAL MIXING SYSTEM, THE NEW 8-INCH INLET PIPE FOR THE NORTH AND SOUTH GSTs SHALL TERMINATE WITH AN 8-INCH PIPE FLANGE JUST INSIDE THE TANK NEAR THE PIPE WALL PENETRATION. REFER TO KEYED NOTE 6." 2. Make the following revisions to Sheet D-502: a. Delete General Note 4 in its entirety and replace with the following: "4. THE OWNER'S CHEMICAL SUPPLIER, HAWKINS, INC., SHALL FURNISH AND INSTALL THE DOUBLE WALL CHEMICAL STORAGE TANKS, TANK LEVEL INDICATORS, AND CHEMICAL FEED PUMPS FOR EACH CHEMICAL FEED SYSTEM (NaOCI, H2SiFe, AND PHOSPHATE). HAWKINS, INC. SHALL ALSO FURNISH AND INSTALL ALL PIPING, CHEMICAL TUBING, VENT TUBING, FITTINGS, VALVES, CALIBRATION COLUMNS, AND OTHER APPURTENANCES BETWEEN THE STORAGE TANKS AND CHEMICAL FEED PUMPS AS SHOWN ON THE DETAILS ON THIS SHEET." b. Add new General Note 5 as follows: "5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR FURNISHING AND INSTALLING ALL PIPING, TUBING, FITTINGS, VALVES, AND OTHER APPURTENANCES FROM THE CHEMICAL FEED PUMPS TO ADDENDUM NO. 4 AD4-4 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTrtYfr~~~~~¼~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS THE POINT OF APPLICATION OF EACH CHEMICAL. CONTRACTOR SHALL FURNISH AND INSTALL ALL CONDUIT AND POWER/CONTROL WIRING TO THE TANK LEVEL TRANSMITTERS AND CHEMICAL FEED PUMPS PROVIDED BY HAWKINS, INC. CONTRACTOR'S WORK INCLUDES FINAL TERMINATIONS OF POWER/CONTROL WIRING TO THIS EQUIPMENT. CONTRACTOR SHALL COORDINATE ALL WORK PROVIDED BY HAWKINS, INC. WITH THEIR OWN." c. Revise Keyed Note 3 to read as follows: "SODIUM HYPOCHLORITE (NaOCI), 405 GALLON DOUBLE WALL BULK STORAGE TANK WITH LEVEL INDICATOR SHALL BE FURNISHED AND INSTALLED BY HAWKINS, INC." d. Revise Keyed Note 4 to read as follows: "SODIUM HYPOCHLORITE (NaOCI), 40 GALLON DOUBLE WALL DAY TANK WITH LEVEL INDICATOR SHALL BE FURNISHED AND INSTALLED BY HAWKINS, INC." e. Revise Keyed Note 5 to read as follows: "PHOSPHATE (PO4), 120 GALLON DOUBLE WALL STORAGE TANK WITH LEVEL INDICATOR SHALL BE FURNISHED AND INSTALLED BY HAWKINS, INC." f. Revise Keyed Note 6 to read as follows: "FLUORIDE (H2SiFs), 120 GALLON DOUBLE WALL STORAGE TANK WITH LEVEL INDICATOR SHALL BE FURNISHED AND INSTALLED BY HAWKINS, INC." g. Add the following to Detail 1/0-502: The 40-gallon NaOCI day tank shall have a tank level indicator per Keyed Note 14. h. Add the following to Detail 3/0-502: The 120-gallon Phosphate and 120- gallon Fluoride storage tanks shall each have a tank level indicator per Keyed Note 14. i. Revised Keyed Note 14 to read as follows: "14. TANK LEVEL INDICATOR SHALL BE FURNISHED AND INSTALLED BY HAWKINS, INC. SEE P&ID SHEET N-602, TYP." END OF ADDENDUM NO. 4 ADDENDUM NO. 4 AD4-5 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTitffi~~J~¼~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS BLANK PAGE ADDENDUM NO. 4 AD4-6 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTft:lfi~~f~'MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 00410 BID FORM TABLE OF CONTENTS Page Article 1 - Bid Recipient ...... 2 Article 2 - Bidder's Acknowledgements ...... 2 Article 3 - Bidder's Representations ...... 2 Article 4 - Bidder's Certification ...... 3 Article 5 - Basis of Bid ...... 4 Article 6 - Time of Completion ...... 6 Article 7 -Attachments to this Bid ...... 6 Article 8 - Defined Terms ...... 6 Article 9 - Bid Submittal ...... 7 BID FORM 00410-1 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTl'rl'fi~~~~%Qffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS Bid Recipient 1.01 This Bid is submitted to: Community Utilities of Indiana c/o Lockwood, Andrews and Newnam, Inc. 1 Oakbrook Terrace, Suite 300 Oakbrook Terrace, IL 60181 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 180 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data BID FORM 00410-2 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTftifi~~f~%9ffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBl.iTION IMPROVEMENTS are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 - BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01 .D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. BID FORM 00410-3 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfT~~~~lMffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 5 - BASIS OF BID 5.01 LUMP SUM BASE BID PRICE A. Includes all materials, labor and equipment for the improvements included in the Project Plans and Specifications, with the exception of Bid Alternates A, B, C-1, C-2, and D as noted in Article 5.02 below. B. LUMP SUM BASE BID PRICE $______ {IN FIGURES) {IN WORDS) 5.02 BID ALTERNATES A. The Owner may elect to modify the scope of the project by the deletion or addition of items or equipment, or by utilizing different materials of certain work scope items. The undersigned hereby offers to supply and include in the Contract the Bid Alternates, for the stated price adjustments to the Lump Sum Base Bid Price, as described below. By completing the following Bid Alternate proposals, the Bidder hereby acknowledges that he has read and understands the requirements of these Specifications. The Successful Bidder shall coordinate pertinent related work and modify surrounding construction or new work to complete the project under each accepted Bid Alternate. An entry is required for each Bid Alternate. Failure to so may be cause for rejection of bid. B. The Successful Bidder will be determined on the basis of the Lump Sum Base Bid Price only. The Contract Award Amount will be based on the sum of the Lump Sum Base Bid Price and the Bid Alternates accepted by the Owner. The Owner reserves the right to select any, all, or none of the Bid Alternates and may select Bid Alternates in any order or combination. The order of the Bid Alternates does not indicate level of priority. C. Bid Alternate A - The Base Bid for the replacement South Package Iron Removal Unit includes a new unit constructed of aluminum in accordance with Specification Section 11500. Provide a bid alternate deduct for a new package iron removal unit constructed of painted carbon steel. ($ ______,_ (BID ALTERNATE A DEDUCT) (IN FIGURES) D. Bid Alternate B - The Base Bid includes all buried yard piping to be Ductile Iron Pipe in accordance with Specification Section 15106. In lieu of Ductile Iron Pipe, provide a bid alternate deduct for PVC pipe for buried yard piping in accordance with Section 15024. ($ ______~(BID ALTERNATE B DEDUCT) (IN FIGURES) BID FORM 00410-4 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlti~~~~Mffi WTP NO. 1 - SOUTH FILTER REPLJi'.CEMENT & DISTRIBUTION IMPROVEMENTS E. Bid Alternate C-1 - The Owner desires to improve the water quality in the existing North and South Ground Storage Tanks (GSTs), and has evaluated a passive mixing system as shown on Drawing Sheet D-104 and described in Specification Section 11450, Reservoir Hydrodynamic Mixing System. Bid Alternate C-1 includes all piping, supports, nozzles and other work to install two (2) hydrodynamic mixing systems, one each for the existing North and South GSTs. Interior tank mixing system piping shall consist of flanged ductile iron pipe and fittings. The mixing system manufacturer's responsibility shall be from the new 8- inch pipe flange connection just inside the tank near the pipe wall penetration. Provide a bid alternate price to add two (2) hydrodynamic mixing systems for the North and South GSTs with painted ductile iron pipe and fittings in accordance with Drawing Sheet D-104 and Specification Section 11450. $______{BID ALTERNATE C-1 ADDER) (IN FIGURES) F. Bid Alternate C-2 - The Owner desires to improve the water quality in the existing North and South Ground Storage Tanks (GSTs), and has evaluated a passive mixing system as shown on Drawing Sheet D-104 and described in Specification Section 11450, Reservoir Hydrodynamic Mixing System. Bid Alternate C-2 includes all piping, supports, nozzles and other work to install two (2) hydrodynamic mixing systems, one each for the existing North and South GSTs. Interior tank mixing system piping shall consist of PVC pipe and fittings. The mixing system manufacturer's responsibility shall be from the new 8-inch pipe flange connection just inside the tank near the pipe wall penetration. Provide a bid alternate price to add two (2) hydrodynamic mixing systems for the North and South GSTs with PVC pipe and fittings in accordance with Drawing Sheet D-104 and Specification Section 11450. $______{BID ALTERNATE C-2 ADDER) (IN FIGURES) G. Bid Alternate D - The Owner desires to improve the water quality in the existing North and South Ground Storage Tanks (GSTs), and has evaluated an active mixing system consisting of a mechanical mixer as described in Specification Section 11475, Reservoir Mechanical Mixing System. Bid Alternate D includes all mechanical mixing equipment, supports, control panel, conduit, wiring, and other work to install two (2) mechanical mixing systems, one each for the existing North and South GSTs. For each GST, the Contractor shall install new 8-inch tank inlet piping that terminates with an 8-inch pipe flange just inside the tank near the pipe wall penetration as shown on Drawing Sheet D-104. Provide a bid alternate price to add two (2) floor mounted, mechanical mixing systems for the North and South GSTs in accordance with Specification Section 11475. $______(BID ALTERNATED ADDER) (IN FIGURES) BID FORM 00410-5 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlti~~~~'Mffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 6 -TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete on or before May 1, 2021 and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 30, 2021. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 -ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. BID FORM 00410-6 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfi~~f~'Mffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS ARTICLE 9- BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (ff Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e-mail address: Bidder's License No.: (where applicable) BID FORM 00410-7 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTi'rlti~~f~OOffi WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS BLANK PAGE BID FORM 00410-8 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. COMMUNITY UTrt:LrlTll~Jipt:Nfl)~NA WTP NO. 1 - SOUTH ~~~'REPt~~~NT & DISTRIBUTION livff9~(N,~ME:'NTS SECTION 00430 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: January 9, 2020 Description: COMMUNITY UTILITIES OF INDIANA-WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 9201 E 123rd Street Crown Point, Indiana 46307 BID BOND 00430 - 1 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. COMMUNITY UTitt...rffll~!SF®~PtN:!Y~NA WTP NO. 1 - SOUTH rt'fla"f~'RE.Ptfi:~~NT & DISTRIBUTION l~~m,~M11ns BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY ______(Seal) ______(Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: ______By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: ______Attest: Signature Signature Tille Tille l. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). BID BOND 00430 - 2 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. COMMUNITY UTrlt..rffll!f!f3A!)f:i"ptfrJ:IS)#\NA WTP NO. 1 - SOUTH ti1toP~'REPtfi:E!~NT & DISTRIBUTION 1Mf9/kcN~TIA~TS 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 180 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. BID BOND 00430 - 3 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. COMMUNITY UTrtt..rffll~ffil)f:ip~tl\NA WTP NO. 1 - SOUTH ~ai:eR''R.~fi:~~NT & DISTRIBUTION IIVl19~cM>~MfuTS BLANK PAGE BID BOND 00430 - 4 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTrl1fi~~r:~~ffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS SECTION 11475 RESERVOIR MECHANICAL MIXING SYSTEM PART 1 - GENERAL 1.1 SECTION INCLUDES A. All components of the Reservoir Mechanical Mixing System generally consisting of a submersible mixer and motor, power cord, and control panel. The mixer manufacturer shall be responsible for designing the system in accordance with the criteria defined within these specifications for mixing potable water ground storage tanks (GSTs). B. Electrical work for mixers shall include power and monitoring for each mixer. Two (2) NEMA 4 junction boxes shall be provided, one at the southwest corner of the Filter Building and the other at the southeasterly side of the North GST (final location to be field located by Owner and Engineer) for facilitating necessary wiring to mixers. Provide one (1) 3/4" conduit, with two (2) sets of 2#10, 1#12 GND, from lighting panel LP-A (circuits #41 and #42 provided with 20A single pole breakers) and one (1) 3/4" conduit, with 8#14 (Mixer ON, Mixer Fail) from the SCADA Panel to the NEMA 4 junction box at the southwest corner of the Filter Building. Between the NEMA 4 junction boxes, provide one (1) 1" conduit with 4#10, 2#12 GND, and 8#14. At the NEMA 4 junction box located at North GST, provide one (1) 3/4" conduit with 2#10, 1#12 GND, and 4#14 to each mixer control panel for power and monitoring. Underground conduit to GSTs shall be PVC Schedule 40 encased in 4 inches of sand with electrical caution tape placed 12 inches above the conduit. Exterior above ground conduit to be PVC coated galvanized rigid conduit. C. The mixer, power cord, and control panel shall be furnished by the mixer manufacturer to maintain single source responsibility for the system. 1.2 WARRANTY A. Contractor shall provide a warranty for the installed mixing system against failure under design conditions for a period of one (1) year from the date of Final Completion and acceptance by the Engineer. B. A written manufacturer's warranty shall be provided for the equipment specified in this Section. The Product shall be warranted to be substantially free from defects in material and workmanship for three (3) years from the date of delivery. This equipment warranty shall be directly from the manufacturer of the equipment to the Owner. Such warranty shall cover all defects or failures of materials or workmanship that occur as the result of normal operation and service. 1.3 REFERENCE STANDARDS A. The work in this section is subject to the requirements of applicable portions of the following standards: 1. Occupational Safety and Health Administration, OSHA. 2. Underwriters Laboratories Inc., UL 508. 3. AWWA C652-11, Disinfection of Water Storage Facilities. 4. ETL - Edison Testing Laboratories (lntertek). 5. CSA - Canadian Standards Association. 6. NEC - National Electric Code. RESERVOIR MECHANICAL MIXING SYSTEM 11475-1 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'r:lfi~~f~"Mffi WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 7. NEMA- National Electrical Manufacturer's Association. 8. National Sanitation Foundation (NSF) a. NSF Standard 60 - Drinking Water Treatment Chemicals - Health Effects b. NSF Standard 61 - Drinking Water System Components - Health Effects 1.4 SUBMITTALS A. Shop Drawings and Product Data: Submit detailed specifications, drawings, electrical wiring diagrams, and data covering all materials, parts, devices, equipment, and other accessories forming part of equipment for the complete operational system. Mark each submittal to show which products and options are applicable to the project. B. Include the following information, as applicable: 1. Manufacturer catalog cut sheets. 2. NSF Certification listings for all wetted parts of the mixer, mount, and power cable placed inside of the tank. 3. Installation, start-up, operation, and maintenance manuals/instructions from the equipment manufacturer. 4. Notation of coordination requirements. 5. Availability and delivery time information. C. Manufacturer's Instructions: Furnish manufacturer's printed instruction for delivery, handling, storage, assembly, installation, wiring diagrams, and factory-recommended maintenance schedule, as appropriate. D. Independent CFO Modeling Validation 1. The mixing system manufacturer shall supply data or report from at least one project where an independent company conducted CFO modeling on their mixing system design and the modeling results verified the design achieved complete mixing. The CFO modeling results shall be from a project with similarly sized tank(± 50,000 gallons) and mixer size. 2. If previous CFO model results are not available, the manufacturer shall perform model runs on a project specific CFO model. Model results verifying the design achieves complete mixing shall be submitted for review. E. Installation, Operation and Maintenance Manuals 1. Within 30 days of final approval of the installation drawings, by the Engineer, the mixer manufacturer shall provide four (4) sets of the installation portion of the Installation, Operation and Maintenance (IOM) Manuals for the applicable system. Within 30 days of final approval, by the Engineer, of the installed system the manufacturer shall provide six (6) copies of the complete Installation, Operation and Maintenance (IOM) Manual for final review and approval. 2. The manuals shall be in the following format and include the listed required information as a minimum: 3. Enclosed in a 3-ring binder with project title and system designation shown on the front cover and side binder. 4. Table of Contents: a. Copy of design calculations for the manifold system as defined in the previous section. RESERVOIR MECHANICAL MIXING SYSTEM 11475-2 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTft.~fi~~~~@ffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS b. Copy of complete set of the installation plans. c. Copy of NSF61 Certified Listing for mixer components. d. Parts and equipment list with specification numbers for ordering of replacement parts. e. Product specification sheets for mixer, power cable, control panel, and any other specialized items supplied with the system. f. Installation guidelines for the mixer system. g. Operational procedures for the mixer system. h. Guidelines for repair of system components. i. Schedule for suggested periodic maintenance of the mixer system. 1.5 QUALITY ASSURANCE A. All Products that may come into contact with water intended for use in a public water system shall meet ANSI/NSF International Standard 61/ANSI 372 certified to conform with new lead content requirements for "lead-free" plumbing as defined by the US Safe Drinking Water Act. B. Equipment shall have no visual defects and shall have high quality welds, assembly. C. Qualified US Manufacturer: The equipment shall be manufactured in the continental United States. D. Manufacturer must have at least 10 continuous years' experience in the design, application, and manufacture of mechanical agitation, mixing, and aerator assemblies of similar size and capacity. E. Manufacturer must have a dedicated engineering team including design, mechanical, quality, and electrical qualifications. F. Manufacturer must have documented quality requirements and procedures which include component sampling and testing, build instructions, Hi Pot and pressure decay testing, as well as bench rotation verification. G. Manufacturer must have dedicated service and repair department in house. H. Manufacturer must have dedicated customer service team with at least 4 employees. I. Mixers, complete with motor, power cable, anchoring lines, and optional control panel shall be furnished by the manufacturer to ensure compatibility and integrity of the individual components and provide the specified warranty for all components. J. In order to assure uniform quality, ease of maintenance, and minimal parts storage, it is the intent of these specifications that all mixer assemblies and accessories called for under this section shall be supplied by a single manufacturer or authorized sales representative. The authorized sales representative shall, in addition to the Contractor, assume the responsibility for proper installation and functioning of the equipment if contracted for the installation and maintenance of the equipment. RESERVOIR MECHANICAL MIXING SYSTEM 11475-3 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTfrrfl~~f~~N WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS 1.6 FACTORY TESTING A. Each mixing system shall be factory tested and certified to UL772 and CSA C22.2#1 O prior to leaving the place of manufacture. B. Each mixer shall be tested and pass a Hi Pot test, pressure decay test, and directional rotation check prior to shipment. 1.7 THIRD PARTY TESTING A. Mixers shall be third party tested by an accredited testing facility such as ETL, ETL-C, CSA, or UL, as a complete package assembly. Individual component testing only is not allowed. B. Mixers shall be certified by NSF International to NSF61 and 372 standards. PART 2 - PRODUCTS 2.1 GENERAL A. Provide two (2) Mechanical Mixing Systems as described herein to be installed in the existing North and South Ground Storage Tanks (GSTs). B. GST Volume, each: 475,000 gal (approx.) C. GST Dimensions: 1. Diameter: 58' -9" 2. Max SWD: 23' - 4" (Overflow Elevation from Tank Floor) D. Operating Levels 1. Tank will cycle from maximum SWD level to half full during normal operation. E. Tank Inlet/Outlet Piping: separate tank inlet and outlet piping are provided. 1. Inlet Piping Size: 8-inch 2. Outlet Piping Size: 10-inch 2.2 ACCEPTABLE MANUFACTURERS A. Kasco Marine, Inc. of Prescott, Wisconsin (Contact factory at 715-262-4488). B. Approved equal. 2.3 OPERATIONAL CRITERIA A. The manufacturer guarantees that the subject tank will be completely mixed by the mixer. Requirements are to be validated by manufacturer's factory representative after installation during inspection and start-up services. Contractor shall coordinate with Owner during validation procedure. In continuous operation of the mixer: 1. The Temperature Uniformity for tanks up to 5,000,000 gallons in volume shall converge to 1.0-degree F within eight (8) hours after mixer activation. 2. The Chlorine Concentration Uniformity for tanks up to 5,000,000 gallons in volume shall converge to 0.2 mg/I within eight (8) hours after mixer activation. RESERVOIR MECHANICAL MIXING SYSTEM 11475-4 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uT!Vlfi~~?~~~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS B. Submersible potable water mixer system shall be designed with the operating and design requirements to meet the project objectives. The following quantity and model number of equipment are required. 1. Kasee Marine Certisafe Mixer Model 2400, floor mounted, with CS-100 control panel; or approved equal. 2. Number of Units: 2 3. Horsepower: ½HP 2.4 DESIGN A. The uniquely designed mixing unit shall consist of a non-metallic propeller mounted on a submersible motor to produce maximum thrust while using minimum horsepower. B. Operation of the mixing unit shall be independent of the tank drain and fill cycles to ensure constant mixing. C. The mixer assembly shall be supported from the tank floor. D. The mixing unit active components shall be elevated a minimum of 18-inches above the tank floor to avoid resuspending sediment. E. The mixer shall be capable of operating in depths of up to 50 feet of water (20 psi) above the mixer. F. The mixing system installation shall be designed to be completed by on-site personnel without additional lifting equipment. G. The submerged portion of the mixing system shall weight less than 65 pounds. H. The propeller shall be constructed of proprietary non-metallic materials and shall be sized and designed according to the mixer horsepower. I. The mixing unit shall have a low center of gravity to prevent accidental tip-over. J. Mixers that provide a downward thrust of water directly on the tank floor are not acceptable. K. Mixers that are free-floating and/or can move around the tank are not acceptable. L. The power source for the mixer shall be 120VAC single phase grid power to allow the unit to operate continuously, (24 hours per day, 7 days per week, 365 days per year), where necessary. 2.5 CONSTRUCTION A. Stainless Steel Construction. The mixer shall be constructed of Series 300 stainless steel. B. Equipment entering the tank shall not adhere to, scratch, or otherwise cause damage to internal tank coatings or put undue stress on the materials of the tank construction. C. Equipment shall fit through a standard hatch of size 24-inch x 24-inch or larger. RESERVOIR MECHANICAL MIXING SYSTEM 11475-5 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTr'rlfi~~~~Mffl WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS D. The motor housing shall be 300 Series stainless steel and oil-filled with a food grade mineral oil. The motor top shall be sealed with two O-rings and the shaft area shall be sealed with a dual, two-piece, carbon-ceramic seal. All fasteners exposed to the pumped liquids shall be Series 300 stainless steel. E. The pump and motor shall be designed so that they will operate in a fully submerged condition in the water. Each motor shall be capable of and rated for continuous operation duty without exceeding temperature rise limits for the motor insulation system. Unit shall be tested to withstand 20 psi external pressure. F. A thermal overload shall be attached to the motor winding and shall stop the motor if motor winding temperature reaches 140 degrees C (applies only to single phase motors). Thermal overload shall reset automatically when motor cools. 2.6 FEATURES Each submersible mixer system shall consist of the following components regardless of the power source selected: A. Mixer: 1. Body shall be constructed of Series 300 stainless steel. 2. Mechanical seals shall consist of two unitized heavy-duty carbon ceramic seals. 3. Mixer shall be fully submersible with direct drive with no gearbox. 4. Mixer shall include a PVC coated cage surrounding the propeller to keep the propeller from contacting any storage tank coatings, power cable, retrieval chain or water storage tank structure. 5. Mixer shall have food grade mineral oil lubrication. 6. Mixer shall have thermal shut-off protection integral to the motor. 7. Mixer shall not exceed 65 lbs. B. Underwater Power Cable: 1. The underwater power cable shall be UL, CSA, NSF 61, and NEC approved underwater rated, 3 conductor cable with open wires for hard wiring (120V single phase shall have 5-15 molded plug). 2. The power cable shall be available in either 50, 100, or 200 feet cord lengths. 3. An underwater approved, potted, O-ring sealed quick disconnect shall be available on all cables with 12 gauge or larger cables approximately 30 inches from the motor housing. The quick disconnect shall be a UL and CSA recognized and IP68 rated connector. 4. The power cable shall fit through a one-inch diameter penetration. C. Mixer Mounting Options: 1. Suspended Mount - for mounting mixer in elevated water towers and standpipes. (NOT USED) 2. Floor Mount - for mounting mixer on the floor of a ground storage tank. a. Floor kit shall include 316 Stainless Steel hardware and consist of three legs equally spaced at 120 degrees and shall clamp around the motor RESERVOIR MECHANICAL MIXING SYSTEM 11475-6 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTr'rlfi~~f~MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS housing body. The outside diameter shall be approximately 30 inches in circumference when the legs are attached to the mixer body. b. The legs shall be provided with EPDM molded feet. c. Stainless steel retrieval chains, power cable strain relief, and tank penetration fittings shall be provided. d. The stand and the mixer body shall allow the propeller to be located approximately 24 inches above the floor and face upwards from the floor. e. Chemical passivation shall be performed on stainless steel. 3. Pipe Mount - for mounting in a shallow or irregular shaped tank or clearwell. (NOT USED) D. Control Panel: Each 120VAC control panel shall be built to the following specifications: 1. Each mixer shall be provided with a control panel capable of disconnecting power to the mixer. 2. Panel shall include a pad-lockable enclosure door. 3. NEMA 4X UL type rated control panel with integral mounting tabs. 4. UL SOSA Listed industrial enclosed control panel. 5. Exterior mounted HOA switch, "RUNNING" indicator LED pilot light, and "FAULT" indicter LED pilot light all UL type 4X rated. 6. SCADA monitoring and control interface: a. Motor current: 4-20 mA current transducer output to SCADA system. Transducer shall be a 24Vdc loop powered. b. SCADA start/stop: Auto mode, relay shall provide interface to existing SCADA system for remote start/stop function. c. Auxiliary interlock: Shall be a local low tank level inhibit. If utilized, the terminal jumper shall be replaced with a dry contact relay closure. Dry contact relay closure provided by Others. d. Automatic low water level shut-off inhibit. 7. Shall include current overload protection. 8. Shall include a circuit breaker for 120/240VAC, single-phase power. 9. 120/240 VAC power source, 24 VDC power source, and GFCI protection (sized per mixer) shall be supplied by others. 2.7 SPARE PARTS A. Contractor shall provide spare parts as recommended or supplied with this mixer assembly by the equipment manufacturer. RESERVOIR MECHANICAL MIXING SYSTEM 11475-7 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY uTl'rlti~~~~MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS PART 3 - EXECUTION 3.1 DELIVERY AND STORAGE A. Delivered materials shall be stockpiled and stored at the locations approved by the Owner until required for installation. Materials shall be stored in accordance with manufacturer's instructions. B. Contractor shall inspect materials upon delivery for loss or damage in transit. Contractor shall be responsible for the replacement of damaged materials. All damaged materials shall be removed from the site. C. Delivery and start-up shall be supplied by a factory trained and authorized equipment distributor representative. 3.2 EXAMINATION AND PREPARATION A. Contractor shall inspect all equipment immediately upon receipt. B. The equipment shall not be installed, if damaged, until repairs have been made in accordance with the manufacturer's written instructions. 3.3 INSTALLATION A. Contractor shall furnish a trained installation team familiar with installation procedures and requirements for the specified mixer system. The mixer may be installed with or without draining the tank. B. Contractor shall furnish the unit and install per manufacturer's recommendations. Coordinate work with the Electrical Contractor for all wiring and controls work to make a complete and operational system. Installation, start-up, and on-site water testing of all equipment shall be per the manufacturer's recommendations. Contractor shall: 1. Ensure proper machine spatial placement in the tank. 2. Ensure proper intake depth setting. 3. Mixing system shall be installed complete with all necessary connections. 4. Disinfect all wetted components prior to installing unit in water storage tank in accordance with AWWA C652-11 standards. Standard recommends spraying with a 200 ppm NSF60 approved chlorine solution. C. Tank penetrations are recommended to be above the tank high water level. 1. Fittings shall prevent moisture intrusion into the tank. 2. Fittings shall be sized with the appropriate diameter to allow electrical power cable to pass through. 3. A cable strain relief for power cable shall be supplied with each mixer. D. Installation of the submerged components may be performed by the following methods: 1. Certified potable water tank diver. 2. Personnel with confined space training while the tank is drained and empty. 3. Tank manufacturer personnel during tank manufacture or construction. 4. Contractor from a tank hatch opening. RESERVOIR MECHANICAL MIXING SYSTEM 11475-8 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTrtifi~~?~"M~ WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS E. Installation of the control components may be performed by: 1. Third party representatives or the Contractor. 2. The Owner in accordance with the manufacturer supplied manual. F. The mixing system shall be installed in accordance with manufacturer's procedures, unless otherwise approved in writing from the manufacturer. G. Services of the manufacturer's factory representative, who is specifically knowledgeable in the type of equipment specified herein, shall be provided to assist the Contractor during installation, inspection, testing, start-up, and to provide training of Owner's personnel. 3.4 INSPECTION AND START-UP A. Equipment assembled and installed by the Contractor shall be approved by the both the manufacturer's factory representative and the Owner's representative. The manufacturer's factory representative shall inspect all system components for proper connection and alignment, make necessary adjustments, and assist the Contractor in placing the equipment in a proper operating condition. B. Following installation approval, equipment shall be placed in operation under the supervision of manufacturer's factory representative. C. Manufacturer's factory representative shall validate system meets operational requirements. Contractor shall coordinate with Owner during validation procedure. In continuous operation of the mixer: 1. The Temperature Uniformity for tanks up to 5,000,000 gallons in volume shall converge to 1.0-degree F within eight (8) hours after mixer activation. 2. The Chlorine Concentration Uniformity for tanks up to 5,000,000 gallons in volume shall converge to 0.2 mg/I within eight (8) hours after mixer activation. D. Manufacturer's factory representative shall subsequently provide written certification of proper equipment installation and operation to Owner and Engineer. 3.5 TRAINING A. Mixer factory representative shall provide Owner staff training of the operation and maintenance of the system. This training shall reference the operations manual provided and demonstrate proper function of the equipment. END OF SECTION RESERVOIR MECHANICAL MIXING SYSTEM 11475-9 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval COMMUNITY UTr'rlfi~~~~MN WTP NO. 1 - SOUTH FILTER REPLACEMENT & DISTRIBUTION IMPROVEMENTS BLANK PAGE RESERVOIR MECHANICAL MIXING SYSTEM 11475-10 ADDENDUM NO. 4 1/6/2020 Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-8 PUBLIC Lockwood, Andrews Page 1 of4 & Newnam, Inc. A LEO A DALY COMPANY January 10, 2020 Mr. Sean Carbonaro, PE Project Manager Illinois/Indiana Community Utilities of Indiana, Inc. S00W. Monroe Street Chicago, IL 60661 Re: Twin Lakes Water Treatment Plant #1- South Filter Replacement and Distribution Improvements Dear Mr. Carbonaro: Four (4) bids were received for the above referenced project before, at 2:00 pm on January 9, 2020 in the offices of Lockwood, Andrews and Newnam, Inc., at 1 Oakbrook Terrace, IL, All bids were privately opened with the results summarized below and on the attached bid tabulation spreadsheet. With a Base Bid amount of $1,860,000.00, Bowen Engineering Corporation is the apparent low and responsible bidder. Review of Bids: 1. Bowen Construction submitted all information as noted in the Instructions to Bidders, including a fully executed Bid Form, Bid Bond, References, Experience Statement with pertinent information of similar projects, Bidder's authority and qualifications to do business in the State of Indiana, financial statements, Bidder's state contractor's license, in addition to value engineering alternatives and clarification to bid elements. Bowen's clarifications noted their Based Bid assumptions of no lead in the paint on the existing South Filter and the existing South Filter media contains no radionuclides. Additionally, Bowen provided Concentrics's proposal for integration of $255,920.00. Disposal of the existing South Filter and media was clarified at the Pre-Bid Meeting and in the Amended Specifications. Per the Project Documents, should the existing paint on the South Filter contain lead or the media contain radionuclides, the Owner and Contractor shall negotiate a price for the removal and disposal of the materials. One Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 • Phone: 630.495.4123 • Fax: 630.495.4288 • www.lari-inc.com Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-8 PUBLIC Lockwood, Andrews Page 2 of4 & Newnam, Inc. A I.F.O A DALY COMPANY Checking references provided by Bowen of their work were positive with comments such as 'fantastic contractor\ 'MVP ofthe project', and 'love to work with them again'. 2. Gaskill and Walton Construction Co. submitted a fully executed Bid Form, Bid Bond, References listing only Utilities, Inc., an Experience Statement with project they have completed for Utilities, Inc., Bidder's authority and qualifications to do business in the State of Indiana and a Bidder's state contractor's license and a handwritten page of their current work backlog and financial account balances. Gaskill and Walton did not provide, a detailed list of suppliers or an audited financial statement. In accordance with Article 12 of the Instructions to Bidders, Gaskill and Walton has 5 days from the Bid Opening to submit a list of suppliers and subcontractors. In conversations with Gaskill and Walton Construction, they have verbally indicated that they plan to use the following suppliers and subcontractors: Suppliers Subcontractors LAI and Associates Filter Equipment Concentric Integration/Instrumentation DeZurik Valves and operators Sweeney Electrical Goulds Pumps Continental Electrical Aurora Pumps 3. Thienemann Construction, Inc., submitted all documents in accordance with the Instructions to Bidders and the Bid Form, without exception. 4. Allan Mack and Sons, Inc., submitted a fully executed Bid Form, Bid Bond and Bidder Authority to do business in Illinois and a financial report. They did not include a reference list, experience statement with pertinent information of similar projects, Bidder's Authority to do business in the State of Indiana, or a Bidder's state contractor's license. Review of Bowen Engineering's bid Alternates: Alternate A Deduct for Carbon Steel Filter Unit: Assuming the filter unit has a serviceable life of 45 years, a carbon steel filter unit will need recoating (painting) every 12 years or 3 times during its service life. Assuming the cost to repaint the unit is $10,000 per occurrence, or more than $30,000 over the life of the unit. Not including other periodic maintenance such as metal repairs, the cost of repainting a carbon steel filter is greater than the $10,000.00 deduct to the Base Bid, making the cost of ownership of the aluminum filter the lowest cost Alternative. Therefore, we do not recommend acceptance of Alternate A deduct. Alternate B Deduct for PVC Yard Pipe Material: Alternate Bis a material deduct to the Base Bid changing the yard pipe material from ductile iron pipe to PVC pipe. In evaluating Alternative B, we find little to no difference in maintenance costs. However, ductile iron pipe is more durable than PVC and provides a margin of safety against failure, especially during maintenance activities in the well field. The additional cost of ductile iron pipe is more than One Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 • Phone: 630.495.4123 • Fax: 630.495.4288 • WWW.Ian-inc.com Community Utilities of Indiana, Inc. Iron Filter Preapproval Attachment SC-8 PUBLIC Lockwood, Andrews Page 3 of4 & Newnam, Inc. A L f O A D A I. Y C O ,\\ I' A NY offset by the PVC pipe's increased risk of failure and probable cost of repairs. Therefore, we do not recommend accepting Alternate B deduct. Alternate C-1, Alternate C-2 and Alternate D Adder for Ground Storage Tank Mixing System: Alternate C-1 and C-2 are adders to the Base Bid price for a Ground Storage Tank passive mixing system, where the differences between the two alternatives is limited to the pipe material. Alternate C-1 specifies mixing system constructed of ductile iron pipe, while Alternate C-2 specifies a mixing system constructed of PVC pipe. The pipe material has no appreciable difference in operation or functionality of the mixing system. However, PVC pipe in this application is maintenance free, while ductile iron pipe will require repainting every 20 years or so. The higher initial capital cost plus the added cost of repainting the ductile iron pipe make Alternate C-2 (PVC pipe material) the lowest cost passive mixing system Alternate. Alternate Dis an adder to the Base Bid for a mechanical Ground Storage Tank mixing system. Like the passive mixing system as noted in Alternates C-1 and C-2, the Ground Storage Tank mechanical mixing system will also fully mix the GSTs, preventing stratification and ensure water quality. While the passive and mechanical mixing systems are similar in their function, the ongoing operational and maintenance cost of the mechanical mixing system erode the initial capital cost savings. Assuming the cost of energy at $0.068/kWH and $9,000 (present value) to replace the mixers every ten years over the GST's remaining service life of SO-years, the maintenance and capital replacement costs of the mechanical mixing system is $143,900 or $32,800 in today's dollars. The initial capital cost of the GST mechanical mixing system as described as Alternative D plus the present value of ongoing O&M and periodic mixer replacement has a higher total cost of ownership ($62,600) compared to the GST Passive Mixing System ($47,000.00) as described as Alternate C-2. Therefore, we recommend UICC accept the adder to the Base Bid for the Ground Storage Tank Passive Mixing System with PVC Pipe Material as noted in Alternate C-2. Recommendation: After review of all bids and submitted documentation, we find Bowen Engineering Corporation to be the lowest responsive and responsible bidder. Therefore, we recommend an Award to Bowen Engineering Corporation for the Twin Lakes Water Treatment Plant #1 South Filter Replacement and Distribution Improvements for $1,907,000, which includes the Lump Sum Base Bid of $1,860,000.00 plus $47,000.00 for Alternate C-2. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, '~~ Jim Holzapfel, PE Senior Associate, Project Manager One Oakbrook Terrace, Suite 300 • Oakbrook Terrace, IL 60181 • Phone: 630.495.4123 • Fax: 630.495.4288 • www.lan-inc.com Community Utilities of Indiana, Inc. Iron FIiter Preapproval Attachment SC-B PUBLIC Page 4 of4 COMMUNITY UTILITIES OF INDIANA, INC. TWIN LAKES WATER TREATMENT PLANT#1 Lockwood, Andrews SOUTH FILTER REPLACEMENT AND DISTRIBUTION IMPROVEMENTS & Newnam, Inc. Januarys,2020: 2:00pm Project No.: 130-10888,.{)00 ISln A LEO A DALY COMPANY BID TABULATION SHEET I"' WI, '1'ff!fl!!' "!'!'1111!111!~"" Community Utilities of Indiana, Inc. Iron F~-1r Prea val e \ chme · C-9 i r; 1 P of 1 ' Res.ourc1?l1Jl Qespon!>1ve Results January 22, 2020 Mr. Sean Carbonaro, P.E. Utilities, Inc. P.O. Box 10 McHenry, 11 60051 Subject: Utilities Inc-Twin Lakes Water Treatment Plant #1: Request for Change Order #1 - Sales Tax Credit Dear Sean, Per your request, we have evaluated the cost that we have included for Indiana State Sales Tax in our recent proposal for your above referenced project. Iflndiana State Sales Tax is not needed for the project, Bowen can deduct $56,255 from the Contract Price proposed. This change request can either be issued by Change Order or by reducing the initial Contract amount, which ever method is easiest for Utilities Inc. We look forward to working with you and your team on this project. Please call me at 317-431-6874 if you should have any questions about this request. Brian Stater, Vice President of Business Development Bowen Engineering Corp Copies: Pat Stanford Chris Manges 8802 North Meridian Street• Indianapolis, IN 46260 • P: 317.842.2616 • www.bowenengineering.com